can't well there may not be a dispute but that doesn't mean that it's not important to know what the term means we have to find it mean if somebody says well you're expected to wash your towels  in your own time i could be officially assigned work now well doesn't everybody have a job description virtually every in the government has a little paragraph is attached with your position is that what you mean by  this is an issue which is it would seem to be very important to the question of whether this is an exclusive statutory scheme or not inefficient if officially assigned is a very narrow interpretation and only would cover something where the boss writes out the requirements and says you shall do this and it's all documented that's one thing if officially assigned as a broad term that would include expectation that you have the powers washing congress no i'm confused because it's explicit that there should be no additional time other than that which is officially assume and i thought i heard you respond to the question that they were required to and everyone knew that in the post in which there were no washing machines that they were doing the cleaning on their own time i don't think there's any ever been any suggestion that nobody knew what was happening no but then again if as to why these particular plaintiffs chose me as well as say there may very well have been tactical reasons that are not stated in the breeze but in either case the proof is going to have to be the same isn't it that this was your requirement of your position and at the time i gather that there is now no they still doesn't provide washing machines on the site is that right that all of normal a day work day finished a day work day and he had the dirty pounds and he didn't have any new teaching aids he would have to make them at home in order to come to work the next day in a satisfactory way right really that dead but did congress intend to have these people do i sent a part of their work for free if they don't have time during the eight hour day to take proper care of the towels and right now it has to be done did congress intend for people go just work for free you not answering i answer my question did they give the congress contemplate the wii's particular people would work for free for an essential part of their work well no well then how are they going to get paid their way to get paid addictive i appreciate that but i think that that's a very important decision for this case because now but that's not really answer my question of how could it be there's a cap of twenty five thousand dollars a year i think maybe it's been increased to thirty by some of the standards act how could it be that congress wouldn't and that was a good question or i think practically speaking just to speak practically about it the the sufferer committed over time  you're saying is somebody used to bump in right up against the cap under cobra payments he's got twenty four thousand nine hundred ninety nine dollars worth of overtime in a year that he can nonetheless recover unlimited amounts in addition to the other question is how could congress the possibly intended let's say somebody is assigned an extra shift and he says i don't think i'm going to claim overtime under cobra for this i think i'm going to wait and claim overtime under the f l i say because i can get cripple overtime issue a national directive to every pore to every supervisor and to every c e o saying stop doing this you cannot have these people working like this and not pay them and even before that in our group we talk about them the attacks which is what i mean first of all i have a nun's your tour of duty and for these people necessarily have to be making certain that you don't wash the cows with tied well that was part of the new i mean it is this  a highly regimented conduct that these agents have to engage in has to be done and tied when they when they when they put the drugs stuff smelling stuff on the towels the dogs only get a high for marijuana but not from the other stuff right because they can't they're afraid they'll poison the don't well you really like these dogs alerting to cars coming into the country with boxes tied it was that that's for sure and that officially or something because we as you heard the government a little while ago that they were not officially assigned to do this work and they say that while the government's counter doesn't know why it interpretation of the statute that it's the culprits designed to be exclusive but that it has the same breadth of coverage in terms of work that the palace well then why is don't get paid twice it's been paid on copra for officially assigned work and you don't get paid again for that work under another law that's basically the plain meaning of the statute the way it's written and i think then it makes sense that it be an exclusive scheme and you don't have to worry about the fact that the copper provides for double overtime and in the n f l it's a requires triple overtime because they're the same coverage congress wanted to do they could've done exactly the same whether that lead in the direction that i'm suggesting that you wouldn't have to worry about an exemption if the coverage was the same when you do have to worry about any exceptions though when the situation is what it is here so that as you've heard the government has taken the position it basically said the same thing here today that my kind of felt like i suppose this is a part of the jobs you do and you don't get paid or they were told that for years and years and they complained about it that's what it's you it's out that's why she said well polis in this case when you've got that situation which is the situation we've got then you have to say thank goodness we've got the l s a and suffer a permanent oversight because that's the safety net provision so if somebody orders you to do work and you not paid for it even if he even if the supervisor absolutely knows that you should been paid for there's no way under cobra that you can get  in the supervisor doesn't put in the pay slip the guy doesn't get compensated even though that's at the quintessential willful violation there's no way under copra that you can get liquidated damages you just in fact we have talked or soon perhaps that they wanted i have redoubled to travel overtime and so my question was is it in fact being measured at that rate i gather to whether with the hours i would you've agreed whether the damages are being measured as triple overtime yes i would like i recognize there are some logic to that i wouldn't describe it i'd like to go back with me because easy is that why didn't they just write the statute to stand customs officer who performs work in excess of forty hours a week shall be compensated the airily ra performs work in excess of forty hours gets two times and then the next exit is anybody who got overtime under a can have overtime under anything else now that would have been exclusively right construction if you're unlucky enough to be required to do some work it's not officially assigned and you're unlucky enough to have to do that work after the eight hour workday you don't get paid