United States Ninth Circuit

In a suit arguing that postal inspectors are entitled to overtime pay under the Fair Labor Standards Act, summary judgment for defendant is affirmed in part and reversed in part and remanded where: 1) Congress did not explicitly repeal the FLSA with regards to postal workers; 2) the district court did not consider whether Congress may have implicitly repealed the FLSA by examining whether there are employees of the executive branch who perform work that is comparable to the work performed by the postal inspectors and are eligible for FLSA overtime; 3) the district court did not consider whether postal inspectors are administratively exempt from FLSA overtime; and 4) the district court did not abuse its discretion in denying a discovery request.

Appellate Information

• Argued 04/09/2007
• Decided 02/04/2009
• Published 02/04/2009

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.