MICHAEL ALAMO, EMMETT BRANNEN, WILLIAM BREZENSKI, IVY JIM BRINSON, BRIAN CALDWELL, THOMAS J DEMAJO, III, MARK DEUNGER, SANDRA DEUNGER, DOUGLAS L DILLER, BERNARD J FERMIN, TAMARA GRANDIA, CARL GREGORY, MARK HAHN, LISA ANN HAHN, KIMBERLY HARPER, CRYSTAL HENSLER, JUAN HERNANDEZ, WILLIAM J. JOHNSON, FLOYD JUSTICE, MARGARET KING, GLORIA D. LONG, JIM OCHOA, JAMES G. OOMS, ARTURO RINCONES, THOMAS L. ROBERTS, WARREN F. SCRIBNER, II, BRIAN TINER, CRAIG R. WILCOX, JAMES WILLIS, Plaintiffs-Appellants
UNITED STATES, Defendant-Appellee
from the United States Court of Federal Claims in No.
1:13-cv-00211-LKG, Judge Lydia Kay Griggsby.
I. Weisbrot, Snider & Associates, LLC, Baltimore, MD,
argued for plaintiffs-appellants. Also represented by Jacob
Bond, Commercial Litigation Branch, Civil Division, United
States Department of Justice, Washington, DC, argued for
defendant-appellee. Also represented by Benjamin C. Mizer,
Robert E. Kirschman, Jr., Steven J. Gillingham; Rebecca E.
Ausprung, Civilian Personnel Branch, United States Army
Litigation Division, Washington, DC.
Prost, Chief Judge, Reyna and Hughes, Circuit Judges.
HUGHES, CIRCUIT JUDGE.
current and former Army emergency medical technicians and
paramedics, appeal the Court of Federal Claims'
determination that the government properly compensates them
for their regularly scheduled overtime work under the Fair
Labor Standards Act. Because we find that the government
employs the correct methodology to determine Appellants'
pay, we affirm.
the relevant period, the Army employed Appellants (EMTs) to
provide emergency medical services at Fort Stewart, Liberty,
Georgia. Before October 2012, the EMTs were generally
scheduled for a compressed schedule consisting of 24 hours
on-duty followed by 48 hours off-duty. After October 2012,
the EMTs switched to a schedule consisting of two 48-hour
workweeks. Because the EMTs worked a schedule of more than 40
hours in one week, they were entitled to FLSA overtime pay.
For a typical biweekly pay period, the government compensated
the EMTs with (1) basic pay under the Federal Employees Pay
Act (also known as Title 5); (2) standby duty premium pay
under Title 5; and (3) FLSA overtime pay for regularly
scheduled overtime. J.A. 38, 40.
EMTs filed suit in the Court of Federal Claims, alleging that
the government underpaid them by using an incorrect formula
to calculate their FLSA overtime. The parties cross-moved for
summary judgment. The court granted the government's
motion and denied the EMTs' motion, finding that no
underpayment occurred because the government applied the
correct methodology to calculate the EMTs' pay. The EMTs
timely appealed, and we have jurisdiction under 28 U.S.C.
review the Court of Federal Claims' grant of summary
judgment de novo. Summary judgment is appropriate where there
are no genuine issues of material fact and the moving party
is entitled to judgment as a matter of law." Crooker
v. United States, 828 F.3d 1357, 1360 (Fed. Cir. 2016)
(internal citations and quotation marks omitted).
the FLSA,  an agency must compensate its
overtime-eligible employees "for all hours of work in
excess of 8 in a day or 40 in a workweek at a rate equal to
one and one-half times the employee's hourly regular rate
of pay, " subject to certain exceptions that do not
apply here. 5 C.F.R. § 551.501(a); see also 29
U.S.C. § 207(a)(1). If an employee qualifies for FLSA
overtime, he or she is entitled to "(1) [t]he straight
time rate of pay times all overtime hours worked; plus (2)
[o]ne-half times the employee's hourly regular rate of
pay times all overtime hours worked." 5 C.F.R. §
first question presented is whether the EMTs receive
"the straight time rate of pay times all overtime hours
worked" when the government pays them annual premium
standby pay in addition to basic pay. We find that they do,