The Bates case (also known as Billings v. U.S.) is still at the Federal Circuit Court of Appeal. As you know the Court ruled against us on the issue of whether high-ranking employees that are subject to discipline are exempt from the FLSA. The Federal Circuit Court disagreed with the decision of the D.C. Circuit Court arguing that to rule otherwise would require everybody in the federal government to be paid overtime.
We have asked the Federal Circuit Court to rehear the matter or hear the matter en banc. This means that the entire Court would hear the matter rather than the three judges who ruled against us. If that motion is not granted, our office will request that the Supreme Court hear the case.
The decision in this case mainly affects
anybody who is a PAIC or at the GS-14 level.
It does not affect any other plaintiff.
EVERETT L. BOBBITT