Court found NCIS improperly classified plaintiff as FLSA exempt, awarding $42,750.84 in compensatory damages for unpaid overtime from July 2014 through September 2018, with ongoing damages until reclassification as non-exempt. Liquidated damages denied due to employer's good faith error with reasonable basis.
REPORTED OPINION and ORDER: finding NCIS classified improperly Mr. Shea as FLSA exempt finding NCIS erred in good faith and with a reasonable basis, precluding liquidated damages denying plaintiff's request to reconsider grant of summary judgment to government on willfulness denying plaintiff's Motion to Compel awarding $42,750.84 in compensatory damages for July 2014 through September 2018 and awarding compensatory damages under the same methodology for overtime hours accrued after October 2018 until Mr. Shea has been classified as non-exempt. In due course, Mr. Shea may apply for an award of reasonable costs and reasonable fees for witnesses and attorneys under 29 U.S.C. § 216(b). The Clerk is directed to enter final judgment under RCFC 54(b) as specified. Signed by Senior Judge Charles F. Lettow.
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