This week is Court Week at the Federal Circuit. This week (and next, as it turns out), court will convene 9 panels to consider 49 cases. Of the 49 cases, the court will hear oral argument in 33 cases. The Federal Circuit provides access to live audio of these arguments via the Federal Circuit’s YouTube channel. This month, one case scheduled for oral argument attracted an amicus brief. That case is an en banc employment law case. Here’s what you need to know about the case.
Lesko v. United States
As explained in our argument preview, the Federal Circuit granted en banc status to consider how “officially ordered or approved” in 5 U.S.C. § 5542(a) should be interpreted after Loper Bright Enterprises v. Raimondo, and ultimately whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing.
Dimitrios V. Korovilas will argue for Lesko.
Matthew J. Carhart will argue for the United States.
The argument is scheduled to be heard on Friday, September 12 at 10:00 AM in Courtroom 201.