accumulate credit hours in excess of the twenty - four - hour cap and that the NATCA
plaintiffs were entitled t o time - and - a - half overtime pay for hours in excess of the twenty -
four - hour cap.
Since the issuance of the court's 2015 decision, the FAA and DOJ have submitted
additional filings to the court seeking to introduce new evidence related to credit hours
that the NATCA plaintiffs may have used subsequent to the evidence submitted at the
2012 trial and that would allow the government an offset against the damages due to the
NATCA plaintiffs. The decision issued by the court on March 31, 2017 rejected the
argumen ts of the FAA and DOJ, and the court held that the government was not entitled
to introduce new evidence at this late stage of the litigation. The court firmly ruled that
the government was under an ongoing duty to timely supplement its disclosures with
re gard to credit hour usage for the calculation of damages, the government failed to fulfill
its duty in a timely manner, and that the government's failure was not substantially
justified or harmless. The court required the parties to jointly calculate and f ile a
stipulation with the court for the amount of compensation to which each plaintiff is
entitled by July 30, 2017.
NATCA anticipates that this latest decision in the FLSA suit will finally bring resolution to
this case. We will update the NATCA plainti ffs in the case once the required stipulation
as to individual damages h as been submitted to the court. Members with questions
about the case or the March 31, 2017 ruling should contact NATCA General Counsel
Marguerite L. Graf at mgraf@natcadc.org or 202 - 220 - 9828.
