Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-07-08
PER DIEM PAY DISCUSSED
BY CONTROLLER WARWICK
Writes Another Letter Regarding
His Ruling as Method of Comput-
ing Increase of Compensation.

Controversy over the ruling Of the
controller of the Treasury, w. w. War
| wick. in determining upon $3.50 Ia as
| the basis for 10 per cent increase in
pay to per diem employees of the gov
eminent and IS as the basis for the 5
per cent increase, has called forth an
other letter of explanation from Mr..
Warwick.
That there Is a statutory interpreta-
| ton which views the per diem employe
| on a 365-day basis rather than 313-
day basis is explained by Mr.. Warwick
ilton and Representative w. II. Carter.
| the latest congressional compliments
against the ruling of the controller. in
| behalf of constituents.
Mr.. Warwick asserts that many of the
| per diem employees do work 365 days In
the year, and all Of them may be COM
| PEELED to work 365 days, whereas no
| where is there any provision regarding
| 313 working days for them or any other
number of days that the government
employe on a per annum salary Is called
upon to work. Tho controllers latest
reply IL as follows:
II have had occasion to render several
decisions. at the request of heads Of
ments. constituting the provision in the
various acts authorizing the payment
Of increased compensation to civilian
employees Of the United States at the
rates of and 10 per centum per an
mum. and have held that such provi-
sions are applicable to per diem en-
ployes. Notwithstanding the fact that
these laws ix only per annum rates Of
compensation as the basis for deter
mining whether: and at what rates. the
increases should be paid.
I'm order to SO hold, 1t was necessary
to establish a per diem rate which
could be regarded as the legal equiva-
lent OF per annum salary of $1,000
and $1,000, respectively. because per
diem employees do not receive compen-
sation at fixed rate per annum. II
they did they could be required to work
S65 days in the year and would be pro-
hfbited by law from receiving any ad-
ditionsl or overtime pay.
I'm establishing such rate the ques-
tion for determination was not as to
what 10 the per annum equivalent of
the per diem employees rate of COM
pensation in a given case. but as to
what Is the per diem equivalent of q
per annum employees salary or wages
at the rates fixed in the statue
namely. $1,000 and 1880 per annum.
ton or interpretation. to be determined
from the language of the statute by
the application of recognized rules and
principles. and without reference to
the terms or conditions OF employment
Of any particular class Of employees.
Under the provisions of the act Of
June 80, 1906, one days pay Of q per
annum employe is 100 of LIP Of his
annual salary. Therefore. 1-3o Of 1-12
Of $1,000 and 1850, respectively. must
be taken as the fixed rate to be used as
q basis for determining whether, and
at what rates. q per diem employe in
any given case is entitled to the in
crease.
these increases apply to civilian
employees in practically every branch
Of the government service. large
percentage of per diem employees re-
ceive pay for every day in the year
1856 days. All per diem employees may
receive pay for 3s5 days. 1t cannot be
said that any class Of per diem en-
ployes will work 313 days in the fiscal
year 1913. All OF them may work
more or less than 313 days.
TN fact, with the thirty working
days leave Of absence, and the seven
legal holidays, and the Saturday after
noons the 813 days may be decreased
to about 269 days. How many Sun
days an employe may work in 1918
cannot be known. However. as above
indicated. the maximum per diem rates
on which the 5 and 10 per cent in
creases, respectively, are payable can
be determined from the law itself, and
without regard to the number of days
an employee. or class of employees, may
work or be paid for during the year"