LUBOW v. U.S. DEPT. OF STATE

No. 13-5057.

783 F.3d 877 (2015)

Richard E. LUBOW, et al., Appellants v. UNITED STATES DEPARTMENT OF STATE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2015.


Attorney(s) appearing for the Case

Elliot H. Scherker argued the cause for appellants. With him on the briefs were Brigid F. Cech Samole,   Rachel A. Canfield, and Joe R. Reeder.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Ronald C. Machen Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Mercedeh Momeni, Assistant U.S. Attorney, entered an appearance.

Concurring opinion filed by Senior Circuit Judge SENTELLE.


A statute limits the amount of "premium pay," including overtime pay, federal government employees may earn each year. A group of State Department employees challenges the Department's decision requiring them to repay excess overtime pay they received for work on assignment in Iraq in 2004. We conclude that the Department...

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