Almanza v. United States, No. 18-1803 (Fed. Cir. 2019)Annotate this Case
Citing the Fair Labor Standards Act, which entitles employees to overtime pay for their hours of work that exceed 40 hours per week, 29 U.S.C. 207(a)(1), a group of U.S. Border Patrol Agents sought compensation for activities they claim were performed during “hours of work” while attending a voluntary canine instructor course. Agents who do not seek canine instructor certification by attending that course do not suffer any adverse consequences with respect to their existing jobs. Agents are motivated to obtain canine instructor certification in order to “mak[e] that next step in [their] career” and to potentially become a “course development instructor or . . . to be maybe an assistant director, even director.” The Claims Court granted the government summary judgment. The Federal Circuit affirmed. The course did not constitute “hours of work” under the Office of Personnel Management's regulations. The student instructors were not “directed to participate” in off-hours studying within the meaning of 5 C.F.R. 551.423(a)(2); the primary purpose for enrolling in the DCIC was for career advancement.