Recently in administrative remedies Category

October 18, 2008

Capitol Police Officer Overtime Suit Tossed for Failure to Comply with Congressional Accountability Act

The Congressional Accountability Act extends the rights and protections of several laws, including the FLSA, to employees of Congress. Apparently employees of the United States Capitol Police Board are employees of Congress.

The CAA requires (1) a request for counseling with 180 days of an alleged violation; (2) attendance at a counseling session in person; (3) a request for mediation within fifteen days of receiving notice of the end of the counseling period; and (4) attendance at a mediation session in person.

The Plaintiff appeared pro se without an attorney. It appears that the Government may not have fairly dealt with the Plaintiff. For instance, the Government provided the Plaintiff with a mediation agreement that began the day after the period to conduct mediation expired. Nevertheless, because the Plaintiff failed to provide factual evidence that he complied with the CAA, the case was summarily dismissed for a lack of subject matter jurisdiction.

The case is Adams v. US Capitol Police Board, 564 F.Supp.2d 37 (D.D.C. July 15, 2008).
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