Federal Air Marshals v. United States

74 Fed. Cl. 484, 12 Wage & Hour Cas.2d (BNA) 375, 2006 U.S. Claims LEXIS 369, 2006 WL 3488906
CourtUnited States Court of Federal Claims
DecidedNovember 30, 2006
DocketNo. 06-233
StatusPublished
Cited by9 cases

This text of 74 Fed. Cl. 484 (Federal Air Marshals v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Air Marshals v. United States, 74 Fed. Cl. 484, 12 Wage & Hour Cas.2d (BNA) 375, 2006 U.S. Claims LEXIS 369, 2006 WL 3488906 (uscfc 2006).

Opinion

OPINION & ORDER

FUTEY, Judge.

This case is before the court on defendant’s Motion To Dismiss pursuant to RCFC 12(b)(6) for failure to state a claim upon which relief may be granted. Plaintiffs, who are Federal Air Marshals (“FAM”), seek back pay and other relief because they allege defendant did not pay them overtime compensation for working more than forty hours per workweek pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C. § 207(a)(1) (2000) (“FLSA”). Defendant claims that FLSA does not apply to FAMs because the Federal Aviation Administration Revitalization Act of 1995, 49 U.S.C. § 40122(g) (2000) (“FAARA”) exempts plaintiffs’ original employer, the Federal Aviation Administration (“FAA”), from FLSA. Plaintiffs dispute this claim. Defendant also submits a RCFC 12(e) Motion For A More Definite Statement, requesting that plaintiffs identify in their complaint specific pay periods during which they allege defendant underpaid them.

Factual Background

Over the past five years, plaintiffs, a total of 1,096 FAMs, have been under the auspices of a number of agencies. Plaintiffs allege that they worked for the Department of Transportation (“DOT”) under the FAA from September 2001 until February 2002, the DOT’s Transportation Security Administration (“TSA”) from February 2002 until November 2003, the Bureau of Immigration and Customs Enforcement under the Department of Homeland Security (“DHS”) from November 2003 to October 2005, and the TSA under DHS from October 2005 to present. Plaintiffs claim that defendant through these various administrative agencies required all FAMs, including plaintiffs, to work substantially in excess of forty hours per workweek during most workweeks since September 2001, without adequately compensating them pursuant to FLSA.

Discussion

The court will grant a RCFC 12(b)(6) motion only if it appears beyond a doubt that plaintiffs have failed to allege facts sufficient to support their claim. Conley v. Gibson, 355 U.S. 41, 45—46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Mostowy v. United States, 966 F.2d 668, 672 (Fed.Cir.1992). In ruling on a RCFC 12(b)(6) motion to dismiss, the court must accept as true the complaint’s undisputed factual allegations and should construe them in a light most favorable to plaintiff. Papasan v. Allain, 478 U.S. 265, 283, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Gould, Inc. v. United States, 935 F.2d 1271, 1274 (Fed. Cir.1991)). Nevertheless, “conclusory allegations unsupported by any factual assertions will not withstand a motion to dismiss.” Briscoe v. LaHue, 663 F.2d 713, 723 (7th Cir.1981), aff'd, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). “[LJegal conclusions, deductions, or opinions couched as factual allegations are not given a presumption of truthfulness.” Blaze Constr., Inc. v. United States, 27 Fed.Cl. 646, 650 (1993) (internal quotations omitted).

Plaintiffs claim that defendant violated FLSA by failing to compensate FAMs for hours worked in excess of forty hours per workweek under FLSA’s required rates, which mandate that

[ejxcept as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is ... employed in an enterprise engaged in commerce ... for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

29 U.S.C. § 207(a)(1). FLSA expressly includes public agencies as employers. 29 U.S.C. § 203(d)(1999).

Defendant avers that FLSA does not apply to FAMs because FAARA exempts the FAA, FAMs’ original employer, from having to follow FLSA. FAARA provides:

notwithstanding the provisions of title 5 and other Federal personnel laws, the [FAA] shall develop and implement, not later than January 1, 1996, a personnel [486]*486management system ... that addresses the unique demands on the agency’s workforce. Such a new system shall, at a minimum, provide for greater flexibility in the hiring, training, compensation, and location of personnel.

49 U.S.C. § 40122(g). Defendant claims that FLSA’s overtime compensation requirement is a Federal personnel law under FAARA, and by simply permitting the FAA to create a personnel management system “notwithstanding” such laws, FAARA exempts the FAA from any federally mandated personnel laws irrespective of the terms of the new management system.

A. FLSA

FLSA’s plain language indicates that it applies to FAMs. “In construing a statute or regulation, we commence by inspecting its language to ascertain its plain meaning.” Diefenderfer v. Merit Sys. Prot. Bd., 194 F.3d 1275, 1278 (Fed.Cir.1999) (citations omitted). “If the terms of the statute or regulation are unambiguous, no further inquiry is usually required.” Id. “When we find the terms of a statute unambiguous, judicial inquiry should be complete except in rare and exceptional circumstances.” Freytag v. Comm’r, 501 U.S. 868, 873, 111 S.Ct. 2631, 115 L.Ed.2d 764 (1991). The court must “giv[e] due regard to the plain meaning of statutory language and the intent of Congress” when interpreting FLSA and its numerous, specific exceptions. A.H. Phillips, Inc. v. Walling, 324 U.S. 490, 493, 65 S.Ct. 807, 89 L.Ed. 1095 (1945). These exemptions only apply when the employment falls “plainly and unmistakably within [the exceptions’] terms and spirit.” Arnold v. Ben Kanowsky, Inc., 361 U.S. 388, 392, 80 S.Ct. 453, 4 L.Ed.2d 393 (1960).

FLSA clearly indicates that employers must pay their employees additional compensation when they work more than forty hours per workweek. Even though FLSA lists numerous exceptions, the court cannot find one that explicitly applies to FAMs, the FAA, or airline industry employees.

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74 Fed. Cl. 484, 12 Wage & Hour Cas.2d (BNA) 375, 2006 U.S. Claims LEXIS 369, 2006 WL 3488906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-air-marshals-v-united-states-uscfc-2006.