Riggs v. United States

OPINION

BRUGGINK, Judge.

This action, brought under the Fair Labor Standards Act of 1938 (“FLSA”) for overtime pay, is presently pending on the parties’ cross motions for summary judgment. The parties’ initial motions for summary judgment are limited to the question of liability. Plaintiffs’ motion presents the apparently novel argument that certain regulations adopted by the Office of Personnel Management (“OPM”) concerning the “de minimis ” rule are fatally at odds *666with regulations of the Department of Labor (“DOL”) addressing the same subject. Defendant has subsequently moved to dismiss…