Armitage v. United States

ORDER ON MOTION FOR CLASS CERTIFICATION

BRUGGINK, Judge.

This is an action brought by 25 named plaintiffs on behalf of a class of similarly situated persons. The complaint invokes the Back Pay Act, 5 U.S.C. § 5596 (1988), and various other provisions of Title 5 dealing with overtime pay and hours of work. Currently pending is plaintiffs’ motion for class certification, which defendant opposes. For the reasons which follow, the motion is denied.

BACKGROUND

The complaint seeks backpay for two types of premium pay to which federal employees may be entitled. Under 5 U.S.C. § 5542 (1988), employees…