American Federation of Government Employees, Local 3721 v. District of Columbia

MEMORANDUM OPINION

THOMAS F. HOGAN, District Judge.

Harrison, which has been consolidated with AFGE, is presently before the Court on plaintiffs’ contention that the District is improperly offsetting annual and sick leave payments from its overtime liability under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-209 (1982). The Court had reserved judgment on this issue pending the District’s response to an affidavit submitted by plaintiffs.

FLSA provides that an employer does not have to include in the calculation of the regular rate

payments made for occasional periods when no work is…