King v. United States
United States Court of Federal Claims
1Opinion of the Court
Keywords: Counterclaim; RCFC 15; undue delay; undue prejudice; FLSA; Administratively Uncontrolled Overtime; U.S. Customs and Border Patrol
ORDER ON MOTION TO REFILE COUNTERCLAIMS
NANCY B. FIRESTONE, Judge
Pending before the court is the motion of the United States (“defendant” or “government”) to re-file its counterclaims against the plaintiffs in this overtime pay case under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-19 (“FLSA”). 1 The government seeks to recoup from plaintiffs overtime pay they received as Administratively Uncontrollable Overtime (“AUO”). Previously, the…
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