Jason Lambro brought a class action against the United States, on behalf of himself and others similarly situated, under the Fair Labor Standards Act; he alleged that the federal agency for which he had long done work under a series of contracts, Voice of America (VOA), had denied him benefits such as overtime pay guaranteed to employees under the FLSA. His key contention is that, although he was concededly not a federal employee under Title 5 of the United States Code or other non-FLSA law, he was a federal employee for FLSA purposes under the applicable definitions of “employee” and “employ” contained in the FLSA itself. The Court of Federal Claims (Claims Court) dismissed the action for failure to state a claim, holding that the FLSA’s definitions, even if his circumstances would bring Mr. Lambro within their terms, were simply inapplicable to federal employees. The Court of Appeals for the Federal Circuit recently reversed that decision, and the case is expected to move back to the Court of Federal Claims.
This form aims to gauge the interest of possible class members to join the class. The date of filing on this case is January 2021, and Mr. Lambro is seeking damages back in 2018. If you want to learn more, please complete the following form, and someone from Whitcomb, Selinsky, PC will contact you.
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