Casaretti v. United States
130 Fed. Cl. 588
| Fed. Cl. | 2017Background
- Casaretti leads a FLSA collective action on behalf of Federal Air Marshals (FAMs) seeking overtime under 29 U.S.C. § 216(b), Back Pay Act relief, and other compensation; TSA is defendant.
- Plaintiffs allege FAMs’ workweeks exceed 43 hours and seek overtime for hours over 40/43, plus LEAP and holiday premium pay.
- District court status includes that FAM 1 fixed a 43-hour standard due to 29 U.S.C. § 207(k) law enforcement exemption; overtime is payable only for hours over 43.
- Plaintiffs initially asserted “back pay” and prejudgment interest; the government moved to dismiss for lack of jurisdiction over Back Pay Act claims as to TSA employees.
- Court granted partial dismissal, holding Back Pay Act does not apply to TSA claims and prejudgment interest cannot be awarded for FLSA claims against the government; remaining claims focus on overtime beyond 43 hours.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction over Back Pay Act claims and prejudgment interest | Back Pay Act waives sovereign immunity for interest | TSA not covered by Back Pay Act; no waiver | No jurisdiction; Back Pay Act does not apply to TSA claims; prejudgment interest dismissed |
| Scope of FLSA claims (overtime vs. non-overtime wages) | Plaintiffs seek unpaid wages beyond overtime hours | FLSA liability limited to overtime after 43 hours per week | Only overtime beyond 43 hours recoverable; non-overtime claims dismissed or re-scoped to OT issues |
| Effect of unpaid premiums (holiday, LEAP, availability pay) on OT calculations | Premium pay should be considered in computing OT | Premiums may affect regular rate and OT; not a separate claim | Unpaid premium pay can affect OT calculation and regular rate; claims remaining relevant to OT computation |
Key Cases Cited
- Loeffler v. Frank, 486 U.S. 549 (1988) (broad waiver analysis for government liability standard)
- Library of Congress v. Shaw, 478 U.S. 310 (1986) (sovereign immunity waiver principles in Back Pay Act context)
- Doyle v. United States, 931 F.2d 1546 (Fed. Cir. 1991) (FLSA interest immunity issue for government suits)
- Edwards v. Lujan, 40 F.3d 1152 (10th Cir. 1994) (Back Pay Act coverage determines prejudgment interest availability)
- Astor v. United States, 79 Fed. Cl. 303 (2007) (Back Pay Act waiver applicability in specific contexts)
- Adam v Norton, 636 F.3d 1190 (9th Cir. 2011) (Back Pay Act waiver applied in certain contexts)
- FLRA v SSA, 201 F.3d 465 (D.C. Cir. 2000) (Back Pay Act waiver scope and applicability)
- Woolf v. Bowles, 57 F.3d 407 (4th Cir. 1995) (interest under Back Pay Act limited to eligible awards)
- Brown v. Sec’y of the Army, 918 F.2d 214 (D.C. Cir. 1990) (Back Pay Act requirements for waiver applicability)