United States Ninth Circuit

In a suit brought by current and former postal inspectors against the Postal Service alleging that they are entitled to overtime pay under the Fair Labor Standards Act (FLSA), summary judgment for the Postal Service is reversed in part and remanded where: 1) 39 U.S.C. section 1003(c), which requires payment to inspectors on the basis of "comparability" to other similarly tasked executive branch employees, is not in clear conflict with the FLSA; 2) Congress did not implicitly repeal the FLSA's overtime provisions to plaintiffs; 3) thus, the Postal Service's construction of section 1003(c) was unreasonable; and 4) a remand was necessary to determine whether the inspectors are otherwise exempt from the FLSA.

Appellate Information

• Argued 04/09/2007
• Decided 08/27/2007
• Published 08/27/2007

Judges

• Before:  B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel A. Osborn, Beatie & Osborn, LLP, New York, NY, for the appellants.


• For Appellees:
  
• Leon W. Weidman and Jason K. Axe, Assistant United States Attorneys, Los Angeles, CA, for the appellee.