Curtis v. United States

OPINION

MEROW, Senior Judge.

In this case, former and current employees of the Naval Surface Warfare Center Division, Crane Division (“NSWCD” or “plaintiffs”) seek recovery for overtime pay and other relief pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207. The matter is now before the court on defendant’s motion to dismiss pursuant to the Rules of the Court of Federal Claims (“RCFC”) 12(b)(6) for failure to state a claim upon which relief can be granted.1 Alternatively, defendant moves for summary judgment. For the reasons stated below, defendant’s motion is DENIED.

Background

Pl…