Alamo v. United States
850 F.3d 1349
| Fed. Cir. | 2017Background
- Appellants are Army EMTs/paramedics at Fort Stewart working compressed schedules (24-on/48-off pre-2012; two 48-hour workweeks post-2012) that regularly exceed 40 hours/week.
- Pay components at issue: basic pay (Title 5), annual premium standby pay (Title 5), and FLSA overtime for regularly scheduled overtime.
- EMTs sued in the Court of Federal Claims alleging the government used an incorrect formula to compute FLSA overtime; the court granted summary judgment for the government.
- The question centers on whether standby (annual premium) pay must be treated separately from straight-time compensation for regularly scheduled overtime and how the half-time overtime supplement is calculated.
- The Court of Appeals reviews de novo and affirms, holding the government’s methodology for computing straight-time and half-time portions complies with Title 5 and the FLSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "straight time rate" must exclude standby pay so EMTs get additional straight-time for overtime hours | EMTs: standby pay is separate; straight time should be basic pay only, so they get additional straight-time pay for overtime hours | Gov: where standby pay is paid to cover extended regularly scheduled hours, straight time = basic + annual premium divided by intended hours; no extra straight-time due | Held: Straight time properly includes standby pay under 5 C.F.R. §551.512(b); combination covers all regularly scheduled hours, including overtime |
| Whether the Army miscalculated the regular rate for the half-time overtime component | EMTs: regular rate was calculated incorrectly for the half-time portion | Gov: regular rate properly computed given inclusion of standby pay in straight-time computation | Held: Because straight-time was properly calculated to include standby pay, the Army correctly computed the regular rate for the half-time portion |
| Whether FLSA overtime should be computed biweekly rather than weekly | EMTs: overtime calculation should be biweekly, yielding more overtime pay | Gov: regulations require overtime be computed on a weekly workweek basis (40 hours/workweek or 8/day) | Held: Court enforces weekly calculation based on 5 C.F.R. §§551.501, 610.102; biweekly calculation rejected |
Key Cases Cited
- Zumerling v. Devine, 769 F.2d 745 (Fed. Cir. 1985) (standby pay not tied to particular hours; compensates for atypical schedules)
- Abreu v. United States, 948 F.2d 1229 (Fed. Cir. 1991) (discussing interplay and imperfect fit between FLSA and Title 5 pay scheme)
- King v. Burwell, 135 S. Ct. 2480 (U.S. 2015) (statutory/regulatory ambiguity clarified by broader statutory context)