Free Reply to Response to Motion - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ARTURO MORENO, et al., Plaintiffs, v. THE UNITED STATES, Defendant. APPENDIX TO DEFENDANT'S REPLY IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director MARTIN F. HOCKEY, JR. Assistant Director Of Counsel: ARTHUR RETTINGER Senior Counsel Office of Chief Counsel U.S. Customs and Border Protection 1300 Pennsylvania Ave., NW Washington, DC 20229 Tel: (202) 344-2978 FAX: (202) 344-2950 MELANIE WATSON Attorney-Advisor Office of Personnel Management 1900 E Street, NW Washington, DC 20415 Tel: (202) 606-1700 Fax: (202) 606-0082 February 8, 2008 MAAME A.F. EWUSI-MENSAH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tel: (202) 353-0503 Fax: (202) 514-8624

Attorneys for Defendant

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INDEX TO APPENDIX Exhibit 37 Fair Labor Standards Act Poster (approved by the Wage and Hour Division of the Department of Labor), available at http://www.dol.gov/esa/regs/compliance/posters/flsa.htm . . . . . . . . . . . . 399 Exhibit 38 Janice R. Christian, OPM Decision No. 0201-07-01 (Dec. 29, 2006) . . . . . . . . . . . . . . . . . . . 400 Exhibit 39 Craig Galluzzo, OPM Decision No. F-1802-11-01 (Dec. 19, 2007) . . . . . . . . . . . . . . . . . . . . 404

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EMPLOYEE STANDARDS ACT RIGHTS UNDER THE FAIR LABOR
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

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FEDERAL MINIMUM WAGE

$5.85
BEGINNING JULY 24, 2007
OVERTIME PAY YOUTH EMPLOYMENT

PER HOUR

$6.55
BEGINNING JULY 24, 2008

PER HOUR

$7.25
BEGINNING JULY 24, 2009

PER HOUR

At least 1 /2 times your regular rate of pay for all hours worked over 40 in a workweek. An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions: No more than · 3 hours on a school day or 18 hours in a school week; · 8 hours on a non-school day or 40 hours in a non-school week. Also, work may not begin before 7 a.m. or end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. Different rules apply in agricultural employment. For more information, visit the YouthRules! Web site at www.youthrules.dol.gov.

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TIP CREDIT

Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met. The Department of Labor may recover back wages either administratively or through court action, for the employees that have been underpaid in violation of the law. Violations may result in civil or criminal action. Civil money penalties of up to $11,000 per violation may be assessed against employers who violate the youth employment provisions of the law and up to $1,100 per violation against employers who willfully or repeatedly violate the minimum wage or overtime pay provisions. This law prohibits discriminating against or discharging workers who file a complaint or participate in any proceedings under the Act.

ENFORCEMENT

ADDITIONAL INFORMATION

· Certain occupations and establishments are exempt from the minimum wage and/or overtime pay provisions. · Special provisions apply to workers in American Samoa and the Commonwealth of the Northern Mariana Islands. · Some state laws provide greater employee protections; employers must comply with both. · The law requires employers to display this poster where employees can readily see it. · Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer. · Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

For additional information:

1-866-4-USWAGE WWW.WAGEHOUR.DOL.GOV
(1-866-487-9243) TTY: 1-877-889-5627
U.S. Department of Labor Employment Standards Administration Wage and Hour Division
WHD Publication 1088 (Revised June 2007)

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