![]() Additionally, he states his agency willfully violated the FLSA by not making his position “non-exempt” after the Office of Personnel Management (OPM) issued a decision in a previous claim making the position of an equal employment specialist who performed similar equal opportunity counseling in his agency non-exempt under the FLSA. The claimant asserts he worked overtime for which he should have been paid under the Fair Labor Standards Act (FLSA). ![]() The claimant has the right to bring action in the appropriate Federal court if dissatisfied with this decision. This decision is subject to discretionary review only under conditions and time limits specified in 5 CFR 551.708 (address provided in section 551.710). There is no further right of administrative appeal. The agency should identify all similarly situated current and, to the extent possible, former employees, ensure that they are treated in a manner consistent with this decision, and inform them in writing of their right to file an FLSA claim with the agency or OPM.
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