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FLSA Overtime Presentation The Law Office of Snider & Associates, LLC are located in Baltimore, Maryland Have been hired by AFGE Council 238 AFGE Local.

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Presentation on theme: "FLSA Overtime Presentation The Law Office of Snider & Associates, LLC are located in Baltimore, Maryland Have been hired by AFGE Council 238 AFGE Local."— Presentation transcript:

1 FLSA Overtime Presentation The Law Office of Snider & Associates, LLC are located in Baltimore, Maryland Have been hired by AFGE Council 238 AFGE Local 3607 is part of AFGE Council 238 Snider and Associates have implemented outreach plans Snider and Associates are planning to visit Denver in the near future 1

2 What is FLSA? Exempt vs. Nonexempt Has been routinely identified as GS-9 and above AFGE’s contention is that many bargaining unit employees have been erroneously exempted from the FLSA Have been recent cases with other federal agencies which were successful (e.g., HUD and SSA) 2

3 Exempt employees Are paid overtime under Title V at management discretion Salary is capped at 1 ½ time hourly salary at GS-10 Step 1 Do not get to choose between compensatory time and overtime Unused compensatory time expires if not used Not paid for ‘suffered and permitted’ overtime Only paid for ‘ordered and approved’ overtime 3

4 Nonexempt employees Entitled to be paid overtime at time-and-a-half Cannot be forced to take compensatory time instead of overtime Unused compensatory time is paid out in cash at time- and-a-half Get paid for ‘suffered and permitted’ overtime 4

5 ‘Suffered and Permitted’ Overtime Overtime which has been ‘suffered and permitted’ is time which has been worked outside of a regular work schedule and which the Agency knew or could have known about Working through lunch Arriving before your scheduled start time Leaving after your scheduled end time Any work performed outside of your regular work schedule 5

6 Typical Damages in FLSA Cases Reclassification to correct FLSA status Retroactive payment of underpaid overtime Compensatory time damages Payment for ‘suffered and permitted’ overtime ‘Liquidated damages’, i.e., double damages 6

7 What are those phone calls about? Snider & Associates in in the Damages Phase Collecting information from employees who are potentially misclassified as Exempt Identifying employees who may have ‘uncompensated overtime’ 7

8 What is ‘uncompensated overtime’? Uncompensated overtime can include: Compensatory time for which you received straight time pay rather than time-and-a-half Time which you worked outside of your normal work hours which was not compensated Work you performed at outside of scheduled work hours Work you performed during your scheduled lunch break 8

9 What is ‘uncompensated overtime’? (continued) Compensatory time which expired for which you were not paid Travel time outside of normal business hours 9

10 What is Snider & Associates looking for? Information which will help establish a pattern of uncompensated overtime Leave & Earning Statements Emails you sent outside of normal work hours Calendars Agendas for meetings you attended Any documentation which can be used as evidence that you performed work outside of your normal work hours, including during lunch 10

11 What can you do now? You can begin collecting such documents and evidence from this point forward Recommend keeping a separate journal and copies of documents which describe any time you work outside of your normal work schedule Conference calls during lunch? Public Meetings after hours? Travel outside of your normal schedule? 11

12 Questions? Snider & Associates, LLC Phone: 410-653-9060 FAX: 410-653-9061 Email: yehuda@sniderlaw.comyehuda@sniderlaw.com Check www.sniderlaw.com/flsasurvey for FLSA overtime surveyswww.sniderlaw.com/flsasurvey Or Contact your local Union representative 12


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