United States Federal Circuit

An award in overtime compensation, liquidated damages, and attorneys' fees and costs under the Fair Labor Standards Act (FLSA) to six Canine Enforcement Officers (CEO) who work or worked with Customs is affirmed where: 1) COPRA is not the exclusive source of overtime pay for CEOs, and thus is not an absolute bar to compensation under FLSA for overtime work not officially assigned, but nonetheless required, to be performed by them; 2) there was no clear error in a finding that Customs willfully violated the overtime provisions of FLSA; 3) there was no abuse of discretion in the award of liquidated damages; 4) a determination that plaintiffs were entitled to two hours of compensation per week for the time they spent laundering towels was proper; and 5) there was no error in an award of compensation for time spent on construction of training aid containers.

Appellate Information

• Decided 03/15/2007
• Published 03/15/2007

Judges

• CLEVENGER, Senior Circuit Judge., Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Larry J. Adkins, Deputy General Counsel, United States National Treasury Employees Union, of Washington, DC, for amicus curiae.   Of counsel on the brief were Gregory O'Duden, General Counsel, Barbara Atkin, Deputy General Counsel, and Irene N. Pantelis, Assistant Counsel.


• For Appellees:
  
• David L. Kern, Kern Law Firm, PC, of El Paso, TX, argued for plaintiffs-appellees.   Of counsel on the brief were Richard Tinsman, and Dennis Bujnoch, Tinsman & Sciano Inc., of San Antonio, TX. Also of counsel on the brief was Dawn Finlayson, The Gardner Law Firm, PC, of San Antonio, TX., Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director.   Of counsel was Christian J. Moran.   Of counsel on the brief were Robert H. Humphries and Christopher J. Duncan, United States Department of Homeland Security, of El Paso, TX.