Doe v. United States

OPINION AND ORDER

HODGES, Judge.

This is a class action by current and former Department of Justice attorneys. They claim entitlement to overtime pay or compensatory time pursuant to The Federal Employees Pay Act, 5 U.S.C. §§ 5542, 5543. We asked the parties to brief the issue of whether § 5542 is a money mandating statute because it seems to grant the Agency discretion to pay compensatory time rather than overtime pay. Defendant moved to dismiss because plaintiffs have no right to money damages. Defendant’s motion to dismiss is denied.

DISCUSSION

Section 5542 of the Federal Employees Pay Act…