John DOE, on behalf of himself and all others similarly situated, Plaintiffs-Appellees,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
DECIDED: June 23, 2004.
DECIDED: June 23, 2004.
Attorney(s) appearing for the Case
Robert A. Van Kirk, Williams & Connolly LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Brendan V. Sullivan, Jr., John G. Kester, and Daniel D. Williams. Of counsel on the brief were Steven M. Umin, J. Alan Galbraith, David S. Blatt, and R. Hackney Wiegmann. Also of counsel on the brief were Paul Y. Kiyonaga and Debra L. Soltis, Kiyonaga & Soltis, P.C., of Washington, DC. Of counsel was Brad Snyder, Williams & Connolly LLP, of Washington, DC.
Mark B. Stern, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General; Gregory G. Katsas, Deputy Assistant Attorney General; Michael S. Raab, Alisa B. Klein, and Ara B. Gershengorn, Attorneys. Also on the brief was Hillary A. Stern, Attorney, Commercial Litigation Branch, Civil Division, of Washington, DC. Of counsel was Lewis Yelin, Attorney, Appellate Staff, Civil Division, of Washington, DC.
Before RADER, BRYSON, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
Department of Justice ("DOJ") attorneys brought a class action lawsuit in the Court of Federal Claims seeking overtime compensation. The Federal Employees Pay Act ("FEPA"), 5 U.S.C. § 5542 (2000), provides for such compensation only when overtime has been "officially ordered or approved." Id. § 5542(a). The relevant Office of Personnel Management ("OPM") regulation requires that overtime...
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