Jones v. United States

*40OPINION

ALLEGRA, Judge:

Pending before the court is defendant’s motion to dismiss portions of plaintiffs’ complaint under RCFC 12(b)(1). Argument on this motion is deemed unnecessary.

On October 14, 2011, plaintiffs filed this class-action complaint, for themselves and others similarly situated, alleging that they are entitled to Sunday premium pay, pursuant to 5 U.S.C. §§ 5544(a) and 5546(a), for work performed on Sundays. The complaint seeks damages dating back to May 26, 2003.

In Fathauer v. United States, 566 F.3d 1352 (Fed.Cir.2009), the Federal Circuit held that, for purposes of section…