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Latest News
Monday, June 23, 2008
Fire Fighters to Receive Backpay and Other Damages for the County's failure to Include all Payments in the FLSA Regular Rate
In the settlement of the case Ralph Grant, et al. v. Pasco County, Florida, the County agreed to calculate and pay over 240 Fire Rescue plaintiffs' backpay for overtime that they performed over the past two years. read more...
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Friday, May 30, 2008
The Supreme Court Finds That Employees who Face Retaliation After Complaining About Race Discrimination Are Covered under the Civil Rights Act of 1866
In CBOCS West, Inc. v. Humphries, No. 06-1431, Supreme Court ruled that a provision of the Civil Rights Act of 1866, Section 1981 covers claims of retaliation that follow complaints about discrimination on the basis of race. This lawsuit stemmed from the firing of a black assistant manager of a Cracker Barrel restaurant in Illinois. read more...
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Friday, May 30, 2008
The Supreme Court Rules that Federal Employees who Face Retaliation After Complaining About Age Discrimination Are Covered under the Age Discrimination in Employment Act (ADEA)
The Supreme Court held in Gomez-Perez v. Potter, 06-1321 that the major anti-age bias law covering federal employees (the ADEA) also protects them from retaliation after complaining about age discrimination. This case involved a federal employee's age-discrimination complaint against the Postal Service. read more...
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Monday, May 19, 2008
Pep Boys Method of Paying Mechanics/Technicians Violates Overtime Laws
A Federal Appeals Court ruled on May 15, 2008 that Pep Boys method of compensating its mechanics and technicians did not constitute a commission and thus requires overtime to be paid in compliance with the nation's overtime laws. The court ruled that the flat-rate amounts paid to mechanics and technicians are not proportional to the amounts charged to customers and, therefore, are not commissions. read more...
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Tuesday, April 8, 2008
Courts Find Time Spent Gathering and Putting on Law Enforcement Equipment at Home Compensable Under the FLSA
Several federal courts have recently held that time spent organizing and putting on law enforcement equipment, such as Kevlar bullet proof vests and gun belts, is compensable work time under the Fair Labor Standards Act (FLSA) and must be counted toward the overtime pay requirements of the Act. These courts have reached different decisions, however, on whether time spent putting on the law enforcement uniform is compensable in situations in which the employer provides employees with the option of putting on the uniform at home where it is practicable to do so. read more...
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Monday, March 3, 2008
Class Action Lawsuit Challenging "Locality Pay" Policies Discriminatorily Denied Only to Federal Workers in Hawaii and Alaska Appealed to Ninth Circuit
Federal employees in Hawaii and Alaska have appealed the U.S. District Court's decision denying their challenge to "locality pay" policies as unconstitutional because they unfairly exclude federal employees who work and reside in Hawaii and Alaska solely based on the identity of the state in which they reside and work. read more...
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Tuesday, February 26, 2008
FLRA Revises Rules on Unfair Labor Practice Proceedings
Employees may have a more difficult time mediating labor
practice disputes with the government due to revisions to the Fair Labor
Relations Authority's (FLRA) rules on unfair labor practice (ULP) proceedings.
The regulatory revisions were originally introduced in
December of 2007. read more...
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Thursday, February 21, 2008
FMLA Amendments Provide Military Service/National Guard Member Families Rights to More Leave
The Family and Medical Leave Act of 1993 (FMLA) provides eligible
employees with twelve work weeks of unpaid leave (during any twelve month
period) to attend to family and/or personal medical conditions. New amendments to the FMLA broaden the rights
for military service/National Guard member families and entitle them to more
than double that amount of unpaid leave. read more...
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Wednesday, February 20, 2008
United States Navy Settles FLSA Exemption Lawsuit
The United States Navy
settled a Fair Labor Standards Act ("FLSA") overtime pay lawsuit
entitled Alvarez, et al, v. United
States filed in the U.S. Court of
Federal Claims. read more...
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Wednesday, February 20, 2008
GAO Employees Ratify Negotiated Pay Raises
For the first
time, the Government Accountability Office (GAO) employees, represented by the
GAO Employees Organization and affiliated with IFPTE, have negotiated pay
raises with management. The negotiated
pay raise results in a guaranteed 4.49% increase for all employees who "meet
expectations" in their annual performance review. read more...
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Thursday, January 17, 2008
New Amendments to FOIA Should Help Provide Timely Recovery of Documents
Under the Freedom of Information Act (FOIA), agencies are required to respond to requests for information within 20 days, although in the past they were given little incentive to do so. New amendments to the FOIA will hold agencies accountable for providing the requested documents by administering financial penalties to agencies that do not comply in a timely manner. read more...
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Friday, December 21, 2007
San Leandro Police Win Overtime For Time Spent At Home Putting Their Uniforms On
On December 7th, a federal court ruled that
police officers are entitled to overtime pay for time spent putting on their
uniforms at home before arriving at work.
In Lemmon v. City of San Leandro,
Judge Marilyn Hall Patel stated that the uniform and safety gear are a police
officer's "survival suit" and, as such, are integral to the job. read more...
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Tuesday, November 20, 2007
U.S. Army Corps of Engineers Settles FLSA Exemption Grievances After Initial Defeats in Arbitration
The United States Corps of Engineers settled two Fair Labor Standards Act ("FLSA") overtime pay grievances with federal locals, AFGE Local 2930 (Buffalo District) and IFPTE Local 98 (New York District). In these grievances, the Unions asserted that the Agency improperly classified numerous positions as FLSA Exempt -- meaning that the Agency claimed it did not have to pay them overtime compensation. read more...
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Monday, November 19, 2007
Federal Firearms Instructors Entitled to Overtime Pay
In Astor, et
al. v. United
States, the United States Court
of Federal Claims ruled on November 13, 2007 that firearms instructors do not
qualify as "teachers" under the Fair Labor Standards Act and, further, that the
Federal Law Enforcement Training Center (FLETC) is not an educational
establishment under the FLSA. read more...
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Thursday, October 18, 2007
AFGE L. 1030 Settles FLSA Grievance with BOP, FDC Houston for $3,000,000.00
AFGE Local 1030 settled its Fair Labor Standards Act ("FLSA") overtime pay grievance against the Federal Bureau of Prisons ("BOP"), FDC Houston for $3,000,000.00 on October 4, 2007. In the grievance, the Union asserted that the BOP did not properly compensate bargaining unit members for work they were required to perform. read more...
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Friday, September 21, 2007
GAO Employees Vote Union
A
solid majority of the analysts at both the Government Accountability Office's
(GAO) Washington
headquarters and those among the 11 field offices across the country have voted
to be represented by a union, the International Federation of Professional and
Technical Engineers (IFPTE). read more...
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Friday, September 7, 2007
Putting On and Taking Off Protective Clothing In Poultry Industry Constitutes Work "As a Matter of Law," U.S. Appellate Court Rules
On September 6, 2007, the U.S. Third Circuit Court of Appeals concluded that putting on and taking off (called "donning and doffing") protective gear "constitutes 'work' as a matter of law." In De Asencio v. read more...
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Tuesday, August 21, 2007
Pregnancy Leave Included in Calculation of Retirement and Pension Benefits
The
Ninth Circuit Court of Appeals ruled in favor of a potential class of 15,000
former and current female employees nationwide who were denied service credit
for pregnancy leave in the calculation of their retirement and pension
benefits. See Hulteen v. read more...
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Wednesday, June 27, 2007
AFGE Local 3957 Settles Unpaid Meal Period Claims Against the Federal Bureau of Prisons, FCI Oakdale
AFGE Local 3957 settled its Fair Labor Standards Act ("FLSA")
overtime pay grievance against the Bureau of Prisons ("BOP"), FCI Oakdale for
$829,832.63 on June 21, 2007. In this
lawsuit, the Union asserted that the BOP
required correctional officers to perform work during their unpaid meal
periods. read more...
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Tuesday, June 26, 2007
AFGE Local 3809 Settles FLSA Grievance with the Federal Bureau of Prisons, FCI Big Spring (TX)
AFGE Local 3809 settled its Fair Labor Standards Act ("FLSA") overtime pay grievances against the Federal Bureau of Prisons ("BOP"), FCI Big Spring for $1,602,756.10 on May 21, 2007. In the grievances, the Union asserted that the BOP did not properly compensate the correctional officers for work they were required to perform. read more...
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Tuesday, June 19, 2007
242 Fire Rescue Workers Sue Pasco County, FL for Overtime Pay
Current and former Fire Rescue workers filed a lawsuit
against Pasco County, Florida on June, 14, 2007. The 242 plaintiffs allege that the County
owes them overtime pay for work they performed over the past three years. read more...
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Monday, June 11, 2007
Female Firefighters Win $758K in Sexual Harassment Lawsuit
A federal jury awarded approximately $658,000 in
compensatory damages and $100,000 in punitive damages to four female
firefighters in Jackson, Mississippi on May 31, 2007.
Stacy Prophet, Tiffany Alexander, Jacqueline Moore and
Sandra Hawkins, members of IAFF Local 87, alleged Fire Department supervisors
made unwanted advances and inappropriate comments and groped them. read more...
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Wednesday, June 6, 2007
New Jersey Supreme Court Certifies Class Action Against Wal-Mart For Allegedly Denying Employees Meal and Rest Breaks and Working Them Off-the-Clock
The New Jersey State Supreme Court certified a class-action
lawsuit against Wal-Mart Stores, Inc. (Wal-Mart) on May 31, 2007. The lawsuit was filed by Wal-Mart employees
and alleges that Wal-Mart denied them meal and rest breaks and forced them to
work off the clock.
Employees allege that Wal-Mart failed to compensate the
workers for all the time that they worked by forcing its employees "to work
through meal breaks, locking employees in retail stores after they had clocked
out, and by coercing employees to work off the clock. read more...
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Friday, May 25, 2007
Thousands sue Sprint for alleged unpaid "off the clock" work
Thousands of call center employees have filed a collective
action lawsuit against Sprint Nextel Corp. (Sprint) for failing to pay them for
overtime work they performed on a weekly, sometimes even daily, basis. The lawsuit , entitled Bruner v. read more...
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Monday, May 7, 2007
New York City agrees to pay $3 million to its juvenile justice employees in partial settlement of overtime lawsuit
In what lead plaintiff and Local 1457 president Alex Parker calls, "a win for the little guy," New York City has agreed to pay $3 million dollars in a partial settlement of claims of unpaid overtime compensation by 327 Juvenile Counselors.
Plaintiffs will be paid $3,000,000 in early Spring for the City's failure to pay them for certain work hours including, its failure to pay them for their pre-shift and post-shift duties related to collecting keys and other equipment, attending roll call, waiting for relief to arrive and exchanging information. read more...
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Sunday, May 6, 2007
California Court explains 5th Amendement rights of public employees against self-incrimination during employer interrogations
When can a police officer or other public employee be disciplined for refusing to give a statement at an internal investigation?
In Spielbauer v. County of Santa Clara, 2007 WL 80458 (Cal. App. 6 Dist.), a California appellate court recently issued an important decision affirming the rights of public employees to refuse to give statements in employment-related investigations absent a formal grant of immunity against the use of these statements in a criminal prosecution where the employee reasonably believes the statement could lead to evidence in a criminal proceeding. read more...
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Thursday, May 3, 2007
Department of Labor Rules That Athletic Trainers, Aerobic Instructors and Salespeople at Health Clubs Entitled to Overtime Pay
On November 15, 2005, the U.S. Department of Labor (DOL) Deputy Administrator Alfred Robinson issued a letter ruling that trainers, aerobic instructors and salespeople at a chain of health clubs (DOL deleted the company's name) are entitled to overtime compensation when they work more than 40 hours a week. read more...
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