The Ninth Circuit Court of Appeals today released an opinion in NIGG v. USPS, No. 05-55650, a federal appeal. The panel consisted of Betty B. Fletcher and M. Margaret McKeown, Circuit Judges, and Ronald M. Whyte, District Judge.

McKEOWN, Circuit Judge:
This appeal principally involves the relationship between two labor statutes–the Fair Labor Standards Act of 1938 and a 1996 statute related to compensation for postal inspectors, 39 U.S.C. § 1003(c). Robert Nigg, a postal inspector currently employed by the United States Postal Service (”the Postal Service”) and Keith Lewis, a retired postal inspector, sued the Postal Service alleging that the inspectors are entitled to overtime pay under the Fair Labor Standards Act (”FLSA” or “the Act”), 29 U.S.C. §§ 201-219. The Postal Service does not pay postal inspectors FLSA overtime, instead claiming that their pay is governed by 39 U.S.C. § 1003(c). At issue is whether the compensation provision in § 1003(c) trumps the overtime provisions of the FLSA. The district court granted summary judgment in favor of . . .

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