A Legal Milestone: CBP Officers' Overtime Pay Lawsuit Advances

The recent decision by Judge Stephen S. Schwartz of the U.S. Court of Federal Claims, as reported by Rae Ann Varona in Law360, to allow a group of Customs and Border Protection (CBP) Special Response Team (SRT) officers to continue their lawsuit for overtime travel pay is a significant development in employment law, particularly for federal employees. This ruling rejects the government's contention that travel time should not be compensable under the Customs Officer Pay Reform Act (COPRA) and the Fair Labor Standards Act (FLSA).

The lawsuit, initiated by both current and former CBP SRT officers, centers on the claim that the government failed to pay them overtime for travel on overnight assignments on non-workdays, which they argue is a violation of COPRA and FLSA requirements. These officers, skilled in advanced weapons and tactical operations, are often deployed to respond to complex or dangerous situations and were formed following Hurricane Katrina in 2006.

Judge Schwartz's opinion highlighted a critical distinction between work and "callback" work (work required after a regularly scheduled assignment is completed). He refuted the government's argument that a flat fee for callback commuting should exclude other types of travel from being considered compensable work. The judge asserted that the statute's provision of non-time-based measures for callback commuting doesn't clarify how to classify other activities measured in time, like the travel in question.

This decision is particularly notable as it underscores the complexities surrounding compensation for federal employees, especially those in demanding roles like the CBP SRT officers. The ruling also emphasizes the importance of adhering to the statutes laid down in COPRA and FLSA regarding overtime compensation.

From an employment law perspective, this case is a testament to the challenges faced by federal employees in securing fair compensation for all aspects of their work, including travel. It also highlights the necessity of legal expertise in interpreting and applying labor laws to specific circumstances.

For potential clients who are federal employees or employers, this lawsuit serves as a crucial example of the legal intricacies involved in employment disputes, especially concerning overtime pay and travel compensation. It reinforces the need for knowledgeable legal guidance in navigating these complex issues.

As a law firm specializing in employment law, we are committed to providing our clients with the most current legal advice and representation. We understand the nuances of employment disputes, especially those involving federal statutes like COPRA and FLSA, and are prepared to assist clients facing similar challenges.

In conclusion, the advancement of the CBP officers' lawsuit is a significant moment in employment law, highlighting the ongoing dialogue about fair compensation for federal employees. It is a reminder of the crucial role of legal expertise in ensuring that the rights and interests of employees and employers are adequately represented and defended.


Rae Ann Varona, "Judge Won't Toss CBP Officers' Bid For Overtime Travel Pay", Law360, January 4, 2024.

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