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 Outreach Plan Those cryptic phone calls and emails you’ve been receiving out of the blue. Calls seem to be inconsistent and raise more questions than they answer The Local will publicize the meeting that Snider & Associates brings to Denver.

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) Fair Labor Standards Act Determination of exempt/nonexempt is done by Human Resources when position is classified for series and grade. Now will be done by the Shared Service Centers FLSA has been given little attention by Agencies throughout the federal government until recent court cases and settlements.

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 Title V overtime has different rules than overtime under FLSA. Compensatory time expires after 6 months and may not be carried over at the Agency’s discretion. Employees can accumulate only 80 hours of compensatory time.

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 Nonexempt employees are paid overtime under FLSA rules NOT Title V rules

‘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 Examples might be taking conference calls over your scheduled lunch period (and not taking lunch at all during the day) Public meetings held outside of normal schedule for which you may have received compensatory time or credit hours. Routinely coming in early without acknowledgement. Credit hours may not be ‘uncompensated overtime’

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 Underpaid overtime could include compensatory time because you were paid straight time and under FLSA rules you were entitled to time-and-a-half. The ‘one half’ would be underpaid overtime. If you had compensatory time which you ‘lost’ that is underpaid overtime. If you reached your limit of compensatory time and worked on your own time that is underpaid overtime. Any ‘suffered and permitted’ overtime is underpaid overtime. Under liquidated damages, the amount of damages is doubled.

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’ The attorneys at Snider & Associates are in the process of collecting information in the form of affidavits. The quality and quantity of affidavits collected will assist in either negotiating a settlement of damages or presenting a case at trial. The Union is encouraging employees to participate in the collection of information to the best of their ability and is willing to assist if necessary.

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

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

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 Goal is not necessarily to prove amount of uncompensated overtime Goal is to establish a pattern of uncompensated overtime This can be done beginning now for a ‘significant period’ which could be three or four months. The longer the pattern is established the better.

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?

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