The Federal Circuit has initiated an en banc review of Lesko v. United States, a case concerning statutory interpretation regarding overtime pay eligibility. This follows the Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, which questions the extent of agency authority. The core of the dispute involves whether overtime was "officially ordered or approved," as defined by the Office of Personnel Management's regulations, which require strict pre-approval that may not apply to many cases. Lesko, a nurse during the COVID-19 pandemic, contends that her hours warranted pay enhancements, potentially influencing future interpretations of such laws.
The implications of Lesko v. United States could redefine how OPM interprets statutory requirements for overtime, especially after Loper Bright Enterprises' decisions.
Jillian Lesko's case raises critical questions about OPM's narrow regulations on overtime pay, which conflict with longstanding court interpretations supporting broader definitions.
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