Fathauer v. United States

Opinion for the court filed by Circuit Judge PROST. Concurring opinion filed by Circuit Judge DYK.

*1353PROST, Circuit Judge.

Part-time meteorologists Theodore Fa-thauer, Robin Fox, Edward Hogan, Jr., Laurie Nisbit, and Richard Thoman (collectively, “Appellants”) appeal the United States Court of Federal Claims’s decision denying their claims for Sunday premium pay under 5 U.S.C. § 5546(a). Because we conclude that the court erred by finding ambiguity in the word “employee,” we vacate and remand.

I. BACKGROUND

The facts in this case are undisputed. Each Appellant is employed by the National Weather…