Free Second Amended Complaint - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ MARK G. ABBEY, et al. ) and ) 7211 MATTHEW S. ALDERSON ) ) 7212 DANIEL A. AMATO ) ) 7213 DEBORAH K. ANDERSON ) ) 7214 RONALD C. ANDREI ) ) 7215 GERRY L. ANDREWS ) ) 7216 JOHN S ANDREWS ) ) 7217 RON AQUILINA ) ) 7218 MATTHEW C. BADER ) ) 7219 JAMES P. BAGLEY ) ) 7220 AMANDA BALL ) ) 7221 JESSE R. BARCINAS ) ) 7222 JAMES A. BARNES ) ) 7223 GREGORY J. BARTLETT ) ) 7224 MARK E. BARWICKI ) ) 7225 DAVID M. BECQUET ) ) 7226 ROBERT J. BELLCHAMBERS ) ) 7227 ROY K. BENOTTI ) ) 7228 BRIAN KEITH BIDWELL ) ) 7229 CRAIG W. BIELEK ) ) 7230 JEFFREY BOHNSACK ) )

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7231 CURTIS K. BRILZ 7232 DANA BROMLEY 7233 PATRICK K. BROOKS 7234 MIKEL D. BROWNING 7235 DOUG BURKE 7236 DUSTIN BYERLY 7237 MICHAEL J. CANNON 7238 CHARLENE CAPANGPANGAN 7239 DAVID C. CAPOBIANCO 7240 LORENZO A. CASAS 7241 FRANKLIN LIZAMA CHAMPACO 7242 AIMEE CHANCE 7243 JAMIE L. CHOUINARD 7244 ALBERT A. CIPICCHIO 7245 BRANDON CLEMENTS 7246 WAYNE CLEVELAND 7247 ERIC R. COLE 7248 LAUREN A. CONNOLLY 7249 DANIEL J. CONROY 7250 RICHARD C. CORONA 7251 CLAYTON B. CRAFTON 7252 DANIEL A. CROWTHER 7253 JEFFREY J. D'AMICO

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7254 PAMELA A. DANIEL 7255 MOLLY SUZANNE DAVIS 7256 W. CLIFFORD DEAN 7257 JAMES WHITTMANN DEAR 7258 PATRICK ANDREW DIEHL 7259 JOSEPH MICHAEL DOUMONT 7260 JOSEPH DUFFEKK III 7261 CHRISTINE M. DUNKLE 7262 DIANE L. DUNKMAN 7263 ELMER S. FANGONIL 7264 BRIAN P. FERREIRA 7265 PATRICK M. FINN 7266 JAMES S. GALBRAITH 7267 BRIEN P. GALLAGHER 7268 MICHAEL GALVAN 7269 LUIS G. GARCIA 7270 SHARON E. GREEN- MORGAN 7271 STEVEN R. GREENHALGH 7272 RAEGEN MAE GRIFFIN 7273 KARA GRUTERS 7274 TIMOTHY ALAN GUY 7275 MARK S. GUZIK 7276 THADDEUS E. HABUDA

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7277 SARA ELLEN HAIGHT 7278 ERIC KYLE HALL 7279 RICHARD M. HAMILTON 7280 NEAL A. HANN 7281 JOHN C. HANNON 7282 DARCY LYNN HANSEN 7283 BRIAN M. HARKINS 7284 DAVID A. HARP 7285 MIA J. HARTVIKSON 7286 GEORGE WILLIAM HATLEY 7287 JOHN D. HATT 7288 DANIEL J. HELM 7289 RAUL HEREDIA 7290 ROGELIO HERNANDEZ 7291 CHAD B. HILL 7292 DENNIS K. HILTON 7293 DEANNA M. HILTON (FORMANEK) 7294 AMANDA BETH HODGE 7295 HOLLY ANN HORVATH 7296 TODD HOWER 7297 NICOLE LYNN HRADIL 7298 DAVID R. INGRAHAM 7299 MICHAEL A. JANDRA

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7300 JOHN L. JAPEL 7301 KRISTEN LEIGH JOHNSON 7302 LANE DONALD JOHNSON 7303 MELANIE P. JOHNSON (JONES) 7304 ALLEN J. JOHNSTON 7305 ERICA L. JOHNSTON 7306 KRISLEEN A. JONES 7307 ROBERT L. JONES 7308 BRANDON D. KAISER 7309 GREGORY LEE KALLA 7310 DANIEL W. KAPS 7311 JOHN A. KAPS 7312 STEVEN H. KAUFMAN 7313 JOHN DAVID KELLY 7314 HOUSTON R. KENNEDY 7315 CHRISTOPHER M. KEYES 7316 MICHAEL E KINSELLA 7317 EDWARD D. KNOX 7318 CHRISTOPHER DAVID KNUEPPEL 7319 ANTHONY P. KOLONIE 7320 DENNIS H. KRAUS 7321 DANIEL E. KREMNITZER 7322 VALRI J. KRINER

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7323 DEBRA DEE KRING 7324 TRACY L. KROETEN 7325 RANDALL S. LEBLANC 7326 JOHN T. LENHART 7327 SCOTT T. LENORD 7328 JAMES M. LEWKOWICZ 7329 DAVID K. LIMA 7330 JEFFREY K. LINDSEY 7331 FERDINAND A. LING 7332 JEFFREY J LITWIN 7333 MIGUEL A. LOPEZ 7334 ALAN D. MACDONALD 7335 ERIKA SHERYL MAHANEY 7336 PHILLIP MAHANEY 7337 DAVID E. MAHNKE 7338 JAMES P. MAKERS 7339 DAVID D. MALONE 7340 WILLIAM T. MAMOLA 7341 MARK A. MARIAN 7342 ANDREW MARINO 7343 JERRY D. MAUS 7344 ROBERT ALAN MAY 7345 MARANDA LYN MCCAIN

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7346 BERNARD M. MCCLOSKEY 7347 MARK J. MCGARRITY 7348 SCOTT B. MCLAGGAN 7349 JOHNNY M. MCNABB 7350 MATTHEW JAMES MCNELLEY 7351 JONATHAN E. MENGE 7352 KEVIN J. MILLER 7353 KARI R. MILTER 7354 NILS SVEN MOBERG 7355 ARMAND W. MOODY 7356 CALEB JEDEDIAH MURRAY 7357 MICHAEL P. MYERS 7358 SPENCER WILLIAM MYSZKA 7359 ROBERT A. NAAKTGEBOREN 7360 MARI LYNN NADO 7361 STACEY KEAHI NAKAMURA 7362 ARSENIO L NAZARENO 7363 DOUGLAS T. NELSON 7364 ROBERT A. NEWRAY 7365 LISA COLEEN NICHOLS 7366 JON M. NOFFSINGER 7367 PATRICK O'BRIEN 7368 REID A. OKUMURA

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7369 KELLY JOANN OSTINO 7370 JOHN F. OVERMAN 7371 CHRISTOPHER OWENS 7372 BRODERICK G. PAGE 7373 REGGIE Y. PALACIOZ 7374 SANDRA PAPADIMITRIOU 7375 JAY J. PAULINSKI 7376 NATHAN PEDERSON 7377 TOM THANH PHAN 7378 SHAUN PIERCE 7379 JOSEPH D. PIVONKA 7380 JON M. POPOW 7381 STEVEN M. PORCARO 7382 CHRISTOPHER L. PORTA 7383 DEBORAH L. PRICE 7384 JASON FRANCIS RAFFERTY 7385 JEAN SIMONET RASPANTE 7386 BENJAMIN A. RAWLE 7387 DANIEL JOSEPH RAYNOS 7388 RYAN K. REEVES 7389 JEROME F. REICHENBACH 7390 RONALD E. RICH 7391 NOREEN M. RODENHURST

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7392 WILLIAM N. RODENHURST 7393 JOHN C. ROMAN 7394 FREDERIC C. ROMANI 7395 ADAM G. ROSE 7396 MCCOLL J. RUSSELL 7397 RODNEY SABINO 7398 TERRY B. SANDERS 7399 FRANCIS J. SANTANGELO 7400 LINDSEY A. SANTOS 7401 JACOB A. SATHER 7402 KAREN SAYLOR 7403 BRIAN GERARD SCHMALING 7404 LISA A. SCHOENECKER 7405 WILLIAM F. SCHWANER 7406 BRYAN M. SCHWARTZ 7407 TYSON L. SHAKESPEARE 7408 STEVEN M. SIMPSON 7409 JOHN CHARLES SMITH 7410 TIMOTHY D. SMITH 7411 EDWARD S. SPENCER 7412 SCOTT L. STRAUB 7413 PAUL M. STUERTZ 7414 MITCHELL S. TARNOFF

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7415 ROBIN E. TAYLOR 7416 DENA M. THOMAS 7417 KARLA THOMPSON 7418 ELIJAH EDWARD TOMPKINS 7419 STEVEN W. TRYON 7420 STEPHANIE DENISE TYLER 7421 JOSEPH R. VAN DE BOGERT 7422 TIMOTHY ALAN VAN DER HEIDI 7423 WILLIAM A. VAN LOAN 7424 MARK F. VILLANUEVA 7425 TANNER WAGNER 7426 DANIEL K. WALKER 7427 DARYL Y. WANNOMAE 7428 JOHN MARVIN WENTZ 7429 CHRISTINA D. WESTON 7430 STEVEN M. WHORTON 7431 LAVONZELL WILKS 7432 TIMOTHY C. WILLIAMS 7433 RONALD LEE WILSON 7434 SONJA M. WONG 7435 RUSSEL L. WYATT 7436 JULIUS J. YAEGER 7437 KELLY A. YAEGER

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7438 CRAIG E. YOOS

Plaintiffs, v. THE UNITED STATES, Defendant. _

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No. 07-272C Judge Emily C. Hewitt

SECOND AMENDED COMPLAINT 1. The plaintiffs are employees of the defendant United States Government

employed in positions classified in occupational code 2152 as Air Traffic Control Specialists (ATCS), Traffic Management Coordinator (TMC) and Staff Specialists by the U.S. Federal Aviation Administration, Department of Transportation. Plaintiffs bring this action on behalf of themselves and other employees similarly situated for a declaratory judgment, backpay and other relief, pursuant to 29 U.S.C. Section 216(b), 28 U.S.C. Section 1346(a)(2) and 28 U.S.C. Sections 1491, 2201 and 2202 and 5 U.S.C. Section 5596, to remedy the defendant's willful and unlawful violations of federal law complained of herein. JURISDICTION AND VENUE 2. This Court has jurisdiction over this action pursuant to 28 U.S.C. Section

1346(a)(2), 28 U.S.C. Section 1491, and 29 U.S.C. Section 216(b). Venue is proper pursuant to 28 U.S.C. Section 1402. 3. Plaintiff Mark G. Abbey is a resident of and he is currently employed as an

Air Traffic Control Specialist by defendant in New York and was so employed at all times material herein. His written consent was appended to the original complaint as

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Attachment A. His written consent form set forth the plaintiff's name and home address. 4. Additional persons who are plaintiffs in this action are also current or

former employees of the defendant employed as ATCS, TMC and Staff Specialists at various locations and they have given their written consent to be party plaintiffs in this action pursuant to 29 U.S.C. Section 216(b). Such written consents are appended to this complaint as Attachment A. These written consent forms set forth each plaintiff's name and home address. 5. Each of the plaintiffs in this action is an "employee" within the meaning of

the Fair Labor Standards Act (FLSA), 29 U.S.C. Section 203(e)(1). 6. The defendant Government of the United States is, and at all material

times has been, a "public agency" and "employer" within the meaning of the FLSA, 29 U.S.C. Section 203(x) and Section 203(d). Defendant employs the plaintiffs and other employees in similar activities and has its principal place of business in Washington, D.C. FACTS 7. Section 7(a) of the FLSA (29 U.S.C. Section 207(a)) provides that an

employer shall compensate its employees at a rate not less than one and one-half times their regular rate for each hour employed in excess of 40 hours per week. Pursuant to this statutory provision, and at all times material herein, the plaintiffs and other employees similarly situated have been entitled to overtime pay for all hours at which they have been employed in excess of 40 hours per week. 8. At all or some of the times material herein, and since May 1, 2004, as well

as before, the plaintiffs have worked as ATCS, TMC and/or Staff Specialists. While

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working in these positions, the plaintiffs have worked hours in excess of forty (40) hours per week. 9. At all or some of the times material herein, and since May 1, 2004, as well

as before, when plaintiffs have worked as ATCS, TMC and/or Staff Specialists, they have received various types of pay in addition to their basic pay. Among other types of pay, plaintiffs who work in the United States and its territories outside the contiguous 48 states currently receive and have received cost of living allowances (COLA) of up to 25% of their basic pay. Plaintiffs working in the contiguous 48 states currently receive and have received locality pay calculated at the rates set forth under the Federal Employee Pay Comparability Act, 5 U.S.C. §§ 5301, 5304. Plaintiffs have also received Organizational Success Increases (OSI) and Superior Contributions Increases (SCI), which have been paid both as additions to their biweekly pay and in lump sums covering time periods greater than a pay period. Further, certain plaintiffs who have worked at undesirable locations currently receive or have received in the past payments of up to 10% of their basic pay as Controller Incentive Pay (CIP). 10. At all times material herein, and since May 1, 2004, as well as before,

when plaintiffs have worked as ATCS, TMC and/or Staff Specialists, plaintiffs have, on occasion, received compensatory time as payment for working in excess of 40 hours a week. Such compensatory time has been paid at the rate of one hour of compensatory time for each hour of overtime worked or in the form of "credit hours", which is just another form of compensatory time paid at the rate of one hour per one hour of overtime work. 11. At all times material herein, the defendant has suffered or permitted

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12.

At all times material herein, defendant has conducted a system by which

the work schedules and vacation dates of plaintiffs and other ATCS are determined pursuant to a bidding process, with those ATCS with the most seniority governing the order in which the process is conducted. At all times material, and in particular within the past two years, defendant has conducted the schedule and vacation leave bidding process for plaintiffs during time periods in which plaintiffs are "off-duty" (time periods defendant does not schedule plaintiffs to be on-duty), such as conducting this process by telephone while plaintiffs are at home or at the facility after plaintiffs have been clocked out. When defendant has conducted the schedule and vacation leave bidding while plaintiffs are "off-duty," defendant has not provided plaintiffs with any compensation for this work time. CLAIMS FOR RELIEF FOR VIOLATIONS OF THE FAIR LABOR STANDARDS ACT COUNT I FAILURE TO PROPERLY CALCULATE THE FLSA REGULAR RATE 13. Plaintiffs incorporate by reference paragraphs 1 through 12 in their entirety

and restate them herein.

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14.

Section 7(a) of the FLSA, 29 U.S.C. § 207(a), provides that overtime shall

be paid to employees for work hours in excess of forty (40) hours per week at the rate of one and one-half times an employee's "regular rate of pay." At all times material herein, during the work weeks in which plaintiffs have worked in excess of forty (40) hours per week, defendant United States has failed to properly calculate the "regular rate of pay" used to calculate FLSA overtime pay. Defendant has violated the FLSA by: a. Failing to use the proper divisor for computing the regular rate for COLA by dividing COLA by all hours worked rather than by plaintiffs work hours used for plaintiffs' basic pay ­ i.e., 40 hours per week; b. Failing to include lump sum OSI and SCI payments in the regular rate of pay at which FLSA overtime is paid; c. Miscalculating the regular rate of pay for those plaintiffs who receive CIP by dividing the CIP received by all hours worked rather than 40 hours; and d. On those occasions in which compensatory time, including credit hours, is cashed out, failing to include all forms of renumeration received by an employee in the rate at which the compensatory time (and credit hours) is cashed out. 15. By failing to properly calculate the regular rate of pay for plaintiffs and

other employees similarly situated as required under law, the defendant has violated, and is continuing to violate in a willful and intentional manner, the provisions of the FLSA. As a consequence, at all times material herein, the plaintiffs have been unlawfully deprived of overtime compensation and other relief for the maximum

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statutory period allowed under federal law. 16. As a result of the defendant's willful and purposeful violations of the FLSA,

there have become due and owing to the plaintiffs an amount that has not yet been precisely determined. The employment and work records for the plaintiffs are in the exclusive possession, custody and control of defendant and its public agencies and the plaintiffs are unable to state at this time the exact amount owing to them. Defendant and its public agencies are under a duty imposed by the Government Accounting Office retention schedule, the FLSA (29 U.S.C. §211 (c)) and various statutory and regulatory provisions to maintain and preserve payroll and other employment records with respect to the plaintiffs and other employees similarly situated from which the amount of defendant's liability can be ascertained. 17. Pursuant to 29 U.S.C. § 216(b), plaintiffs are entitled to recover liquidated

damages in an amount equal to their back pay damages for the Defendant's failure to pay overtime compensation. 18. Pursuant to the Back Pay Act, 5 U.S.C. § 5596, plaintiffs are entitled to

recover interest on their back pay damages for the defendant's failure to pay them overtime compensation. 19. Plaintiffs are entitled to recover attorneys' fees and costs under 29 U.S.C.

§ 216(b), the Back Pay Act, 5 U.S.C. § 5596 as well as other applicable laws and regulations. COUNT II IMPROPER PAYMENT OF COMPENSATORY TIME 20. Plaintiffs incorporate by reference paragraphs 1 through 12 in their entirety

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and restate them herein. 21. Section 7(a) of the FLSA, 29 U.S.C. § 207(a), provides that overtime shall

be paid to employees for work hours in excess of forty (40) hours per week at the rate of one and one-half times an employee's "regular rate of pay." At all times material herein, during the work weeks in which plaintiffs have worked in excess of forty (40) hours per week, defendant United States has violated the FLSA by paying plaintiffs in the form of compensatory time or "credit hours" at the rate of one hour for each hour of overtime hour worked. Payment of compensatory time or credit hours as compensation for FLSA overtime hours is only permitted for employees to whom 5 U.S.C. § 5543 applies. In accordance with 49 U.S.C. § 40122(f)(2), the pay provisions of Title 5 do not apply to the plaintiffs. Thus, at all times material herein, defendant has violated, and continues to violate the premium overtime pay provisions of section 7(a) of the FLSA by failing to pay plaintiffs at the time and one-half rate for each overtime hour worked and, by failing to pay plaintiffs in cash. 22. By failing to pay plaintiffs at the rate of one and one half times their regular

rate of pay for each overtime hour worked and by compensating plaintiffs in compensatory time and/or credit hours rather than cash for each overtime hour worked, defendant has violated the FLSA with respect to plaintiffs and other employees similarly situated, and is continuing to violate in a willful and intentional manner, the provisions of the FLSA. As a consequence, at all times material herein, the plaintiffs have been unlawfully deprived of overtime compensation and other relief for the maximum statutory period allowed under federal law. 23. As a result of the defendant's willful and purposeful violations of the FLSA,

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there have become due and owing to the plaintiffs an amount that has not yet been precisely determined. The employment and work records for the plaintiffs are in the exclusive possession, custody and control of defendant and its public agencies and the plaintiffs are unable to state at this time the exact amount owing to them. Defendant and its public agencies are under a duty imposed by the Government Accounting Office retention schedule, the FLSA (29 U.S.C. §211 (c)) and various statutory and regulatory provisions to maintain and preserve payroll and other employment records with respect to the plaintiffs and other employees similarly situated from which the amount of defendant's liability can be ascertained. 24. Pursuant to 29 U.S.C. § 216(b), plaintiffs are entitled to recover liquidated

damages in an amount equal to their back pay damages for the Defendant's failure to pay overtime compensation. 25. Pursuant to the Back Pay Act, 5 U.S.C. § 5596, plaintiffs are entitled to

recover interest on their back pay damages for the defendant's failure to pay them overtime compensation. 26. Plaintiffs are entitled to recover attorneys' fees and costs under 29 U.S.C.

§ 216(b), the Back Pay Act, 5 U.S.C. § 5596 as well as other applicable laws and regulations. COUNT III FAILURE TO COMPENSATE PLAINTIFFS FOR PRE-SHIFT AND POST-SHIFT WORK ACTIVITIES 27. Plaintiffs incorporate by reference paragraphs 1 through 12 in their entirety

and restate them herein. 28. Section 3(g) and Section 7(a) of the FLSA, 29 U.S.C. §§ 203(g) and

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207(a), provide that overtime shall be paid to employees for all hours an employee is suffered or permitted to work in excess of forty (40) hours per week at the rate of one and one-half times an employee's "regular rate of pay." At all times material herein, plaintiffs have been suffered or permitted to perform work activities, without compensation, before their official scheduled starting times for work and after their official starting times for work. Thus, at all times material herein, defendant has violated, and continues to violate the premium overtime pay provisions of section 7(a) of the FLSA by failing to pay plaintiffs for all hours worked. 29. By failing to pay plaintiffs at the rate of one and one half times their regular

rate of pay for each overtime hour worked, defendant has violated the FLSA with respect to plaintiffs and other employees similarly situated, and is continuing to violate in a willful and intentional manner, the provisions of the FLSA. As a consequence, at all times material herein, the plaintiffs have been unlawfully deprived of overtime compensation and other relief for the maximum statutory period allowed under federal law. 30. As a result of the defendant's willful and purposeful violations of the FLSA,

there have become due and owing to the plaintiffs an amount that has not yet been precisely determined. The employment and work records for the plaintiffs are in the exclusive possession, custody and control of defendant and its public agencies and the plaintiffs are unable to state at this time the exact amount owing to them. Defendant and its public agencies are under a duty imposed by the Government Accounting Office retention schedule, the FLSA (29 U.S.C. §211 (c)) and various statutory and regulatory provisions to maintain and preserve payroll and other employment records with respect

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31.

Pursuant to 29 U.S.C. § 216(b), plaintiffs are entitled to recover liquidated

damages in an amount equal to their back pay damages for the Defendant's failure to pay overtime compensation. 32. Pursuant to the Back Pay Act, 5 U.S.C. § 5596, plaintiffs are entitled to

recover interest on their back pay damages for the defendant's failure to pay them overtime compensation. 33. Plaintiffs are entitled to recover attorneys' fees and costs under 29 U.S.C.

§ 216(b), the Back Pay Act, 5 U.S.C. § 5596 as well as other applicable laws and regulations. COUNT IV FAILURE TO COMPENSATE PLAINTIFFS FOR TIME SPENT OFF DUTY BIDDING ON WORK AND LEAVE SCHEDULES 34. Plaintiffs incorporate by reference paragraphs 1 through 12 in their entirety

and restate them herein. 35. Section 3(g) and Section 7(a) of the FLSA, 29 U.S.C. §§ 203(g) and

207(a), provide that overtime shall be paid to employees for all hours an employee is suffered or permitted to work in excess of forty (40) hours per week at the rate of one and one-half times an employee's "regular rate of pay." At all times material herein, plaintiffs have been suffered or permitted to perform work activities off duty, while at home or after their regular scheduled work hours, without compensation. Specifically, defendant and its supervisors have caused plaintiffs to engage in bidding on their work and vacation leave schedules while off-duty. At all times material herein, defendant's

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36.

By failing to compensate plaintiffs and other employees who are similarly

situated for time spent bidding on work schedules and vacation leave, defendant has failed to compensate plaintiffs and other employees similarly situated at the rate of one and one half times their regular rate of pay for each overtime hour worked and defendant has violated and is continuing to violate in a willful and intentional manner, the provisions of the FLSA. As a consequence, at all times material herein, the plaintiffs have been unlawfully deprived of overtime compensation and other relief for the maximum statutory period allowed under federal law. 37. As a result of the defendant's willful and purposeful violations of the FLSA,

there have become due and owing to the plaintiffs an amount that has not yet been precisely determined. The employment and work records for the plaintiffs are in the exclusive possession, custody and control of defendant and its public agencies and the plaintiffs are unable to state at this time the exact amount owing to them. Defendant and its public agencies are under a duty imposed by the Government Accounting Office retention schedule, the FLSA (29 U.S.C. §211 (c)) and various statutory and regulatory provisions to maintain and preserve payroll and other employment records with respect to the plaintiffs and other employees similarly situated from which the amount of defendant's liability can be ascertained. 38. Pursuant to 29 U.S.C. § 216(b), plaintiffs are entitled to recover liquidated

damages in an amount equal to their back pay damages for the Defendant's failure to

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pay overtime compensation. 39. Pursuant to the Back Pay Act, 5 U.S.C. § 5596, plaintiffs are entitled to

recover interest on their back pay damages for the defendant's failure to pay them overtime compensation. 40. Plaintiffs are entitled to recover attorneys' fees and costs under 29 U.S.C.

§ 216(b), the Back Pay Act, 5 U.S.C. § 5596 as well as other applicable laws and regulations.

WHEREFORE, the plaintiffs, on their own behalf and on behalf of others similarly situated, pray that this Court: (a) Enter judgment declaring that the defendant has willfully and wrongfully violated its statutory obligations, and deprived each of the plaintiffs of his rights; (b) Order a complete and accurate accounting of all the compensation to which the plaintiffs are entitled; (c) Award plaintiffs monetary liquidated damages equal to their unpaid compensation, plus interest; (d) Award plaintiffs their reasonable attorneys' fees to be paid by the defendant, and the costs and disbursements of this action; and (e) Grant such other relief as may be just and proper.

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Respectfully submitted,

Dated: June 6, 2008

/s/ Gregory K. McGillivary Gregory K. McGillivary WOODLEY & MCGILLIVARY 1125 15th Street, N.W. Suite 400 Washington, D.C. 20005 (202) 833-8855 (Telephone) (202) 452-1090 (Facsimile) Attorney of Record

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CERTIFICATE OF SERVICE I hereby certify that Plaintiffs' Second Amended Complaint was electronically filed on this 6th day of June, 2008 with the Clerk of the Court using the CM/ECF System which will send notification of such filing to defendant's attorney: Hillary A. Stern Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street N.W. Washington, D.C. 20530 (202) 616-0177 (telephone) (202) 305-7643 (facsimile)

/s/ Gregory K. McGillivary Gregory K. McGillivary

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