A publication of the National Air Traffic Controllers Association
Issue link: http://natca.uberflip.com/i/738498
NATCA NATIONAL OFFICE DEPARTMENTAL WEEK IN REVIEW Octo ber 1 - 7 , 2016 OFFICE OF GENERAL COUNSEL NATCA FLSA Lawsuit: October 6, 2016 Update from the Office of General Counsel NATCA continues to wait for the U.S. Court of Federal Claims to issue a decision on the damages portion of the Fair Labor Standards Act (FLSA) lawsuit that w as remanded to the trial court by a federal appeals court in 2014. The issue that survived the Government's appeal of the trial court's initial decision in favor of the NATCA plai ntiffs and was sent back to the trial court for further resolution was whether the FAA had to comply with the government regulations, and specifically the 24 hours cap on accumulated credit hours, if it maintained a credit hours program. On Dec. 1, 2015, t he Court of Federal Claims decided that issue in favor of the NATCA plaintiffs. The Court ruled that the FAA violated federal law when it allowed employees to accrue additional credit hours above the twenty - four hours cap and that affected plaintiffs were owed time - and - a - half overtime and an equal amount in liquidated damages. In pleadings filed earlier this year, the Government argued to the Court that it deserved an offset against the damages calculations that attorneys for the NATCA plaintiffs had previo usly submitted. NATCA counsel strongly disputed this assertion and the parties have had to submit several additional pleadings to the Court over the spring and summer on this final issue of damages calculations. The issue has now been fully briefed and the parties have been waiting since June for the Court's ruling. NATCA anticipates that a ruling could come at any time prior to the end of the calendar year. Members who are plaintiffs in the case and need additional information or have specific questions sh ould contact NATCA General Counsel Marguerite L. Graf by email, at mgraf@natcadc.org , or phone, 202 - 220 - 9828. The law firm representing the NATCA plaintiffs, Woodley & McGillivary, also has an update on the case on their client website ( www.unionrights.com ) . Members wanting to read the Woodley & McGillivary update will need to obtain the login ID and password from NATCA's General Counsel. NATCA will continue to update the N ATCA plaintiffs as additional developments occur.