Abreu v. United States

OPINION

BRUGGINK, Judge.

These consolidated actions, brought by approximately 9,000 federal firefighters, *232present two issues: 1) whether defendant’s current method of compensating plaintiffs for unscheduled, irregular overtime deprives them of benefits under either the Pair Labor Standards Amendments of 1974 (“FLSA”)1 or under certain provisions of the Federal Employees Pay Act (“FEPA” or “Title 5”)2; and 2) whether defendant’s use of a “two-thirds rule” in excluding sleeping and eating time from 24-hour tours of unscheduled, irregular overtime is contrary to Title 5.

Like other similar actions…