ROBERT NIGG, As private attorney general on behalf of himself v. United States Postal Service

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT NIGG, As private attorney
general on behalf of himself and all others
similarly situated; KEITH LEWIS, As
private attorney general on behalf of
himself and all others similarly situated,
Plaintiffs - Appellants,
v.
UNITED STATES POSTAL SERVICE,
Defendant - Appellee.
No. 12-55337
D.C. No. 8:03-cv-01611-JVS-AN
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted November 6, 2013**
Pasadena, California
Before: McKEOWN, GOULD, and BYBEE, Circuit Judges.
FILED
NOV 13 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Robert Nigg and Keith Lewis (collectively, “Nigg”) appeal from the entry of
judgment in favor of the United States Postal Service (“USPS”) following a bench
trial in an action on behalf of themselves and other similarly situated postal
inspectors seeking overtime pay pursuant to the Fair Labor Standards Act
(“FLSA”). Nigg previously appealed from the district court’s grant of summary
judgment to USPS, and we reversed and remanded the case to the district court for
consideration of “(1) whether any employees of the executive branch who are
eligible to receive FLSA over-time perform work comparable to that of the
inspectors, and (2) whether the inspectors satisfy any FLSA exemption or are
entitled to FLSA overtime.” Nigg v. USPS, 555 F.3d 781, 783 (9th Cir. 2009).
Nigg appeals from the district court’s findings of fact and conclusions of
law: (i) that the postal inspectors are not entitled to overtime pay based on the
Postal Comparability Statute, 39 U.S.C. § 1003(c); (ii) that the administrative
exception to the FLSA, 29 U.S.C. § 213(a), applies to the postal inspectors; (iii)
that the highly-compensated exception to the FLSA, 29 C.F.R . § 541.601, applies
to the postal inspectors; and (iv) that the good faith defense to the FLSA, 29 U.S.C.
§ 259(a), applies based on USPS’s reliance on an opinion letter from the
Department of Labor to the Chief Postal Inspector advising that postal inspectors
are exempt from FLSA overtime pay requirements pursuant to 29 U.S.C. § 213(a)
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and 29 C.F.R . § 541.601. We have jurisdiction pursuant to 28 U.S.C. § 1291 and
adopt the well-reasoned decisions of the district court.
Nigg also appeals from several orders of the district court: (i) excluding
proposed expert testimony; (ii) preventing the addition of witnesses shortly before
trial; (iii) allowing USPS to amend its answer; (iv) allowing a modification of the
scheduling order; and (v) dismissing postal inspector team leaders from the
putative class. These claims are without merit.
AFFIRMED.
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