Byron Battenfield, on Behalf of Himself and All Others Similarly Situated v. United States

Byron Battenfield, an Immigration Border Patrol Inspector, filed an action for himself and other inspectors who were employed by the Immigration and Naturalization Service (INS) during the years 1964-69, to set aside the INS interpretation of the Administratively Uncontrollable Overtime statute (AUOT), 5 U.S.C. § 5545 (c)(2). The AUOT statute permits an agency to pay its employees on an annual basis instead of on an hourly basis for their overtime hours which are administratively uncontrollable. The AUOT statute covers employees in a “position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled, overtime duty with the employee generally being responsible for recognizing, without supervision, circumstances which require him to remain on duty . . . .” 5 U.S.C. § 5545 (c)(2). Battenfield admits that the INS correctly classified Border Patrol Inspectors as being entitled to premium pay under AUOT.

In 1970, 5 U.S.C. § 5545 (c)(2) was amended to provide for separate premium pay for Sundays, nights and holidays.

Before 1970 Battenfield, like other inspectors, was required by INS to work Sundays, nights, and…