Presser v. United States

OPINION

NETTESHEIM, Judge.

After transfer from the United States District Court for the District of Montana, this case is before the court on cross-motions for summary judgment after argument. Post-argument briefing has been received. The issue is whether the Government is required to compensate a federal employee assigned as a relief operator at an overtime rate when the employee’s regular working hours were rescheduled, as needed, requiring him to be available to work other shifts in lieu of his basic workweek.

FACTS

Robert Presser (“plaintiff”) sues for overtime compensation pursuant to the…