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Friday, April 26, 2024 | Back issues
Courthouse News Service Courthouse News Service

Part-Time Meteorologists Win Bid for Premium Pay

(CN) - Part-time meteorologists won their bid for Sunday premium pay in the Federal Circuit. The appeals court vacated a ruling that five meteorologists who worked part-time for the National Weather Service weren't considered "employees" under federal law.

The U.S. Court of Federal Claims had ruled against the part-time meteorologists, after finding ambiguity in the term "employee" in the Sunday premium pay statute.

The plaintiffs pointed to an overtime pay portion of the law, which refers to "employees" who work "full-time, part-time and intermittent tours of duty," as proof that part-time workers are considered employees.

The Washington, D.C.-based federal appeals court agreed.

"In this case, appellants are 'employees' under the plain meaning of the word," Judge Prost wrote.

The judge added that the reference to part-time workers in the overtime pay provision does not change the plain meaning of the word "employees."

"If anything, it supports our conclusion by indicating that part-time workers are a subset of a larger class of 'employees,'" Prost concluded.

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