October 2, 2006, FLSA Update

Monday October 2, 2006

Last week (Sept. 28, 2006) a hearing was held before Arbitrator Vitaro in the INS FLSA case on various pay calculation issues. A number of issues were addressed in that hearing (or the pre-hearing conference on Sept. 27th) and the following is an update of the entire INS FLSA case as of October 2, 2006.

Straight Overtime

All straight overtime claims have been paid. There is an extremely small number (a handful) of cases where checks have been returned or claimants have been found to have died. Almost all of the deceased claimants' estates have been paid. Please check this website for a list of deceased claimants where we are still trying to get addresses or identities of survivors.

Claimants who have challenged their Straight Overtime payments: The National Finance Center (Ag) has proven itself incapable of responding in any detail to claimants complaints about improper calculation of straight overtime payments. The Union is now scheduled to meet with NFC(Ag) on the week of October 16-20, 2006. The purpose of this meeting is to draft an individual response to every complaint letter that we have received concerning the calculation of overtime pay. We hope to have these response letters out by the end of October, 2006. Your complaints have not been forgotten and the Union is pressing to get you both a response and properly paid.

Suffer or Permit Overtime

This aspect of the case only involve persons who are covered by the January 6, 2006 decision of Arbitrator Vitaro which is posted on this website. There are a number of important issues as to suffer or permit payments.

1) New Calculation Letters Going Out- Everyone (both LEO and non-LEO) who is eligible for suffer or permit overtime (see above) will get a second (new) calculation letter that will include hours of suffer or permit overtime work that is being credited per pay period. Without this information it is impossible for you (or the Union) to see if you have been properly paid. These new letters will go out to you within two weeks.

2) Rate of Pay Issue- The September 27th arbitration hearing revolved around the hourly rate of pay issue for suffer or permit overtime recipients. The Agency has insisted that it is only obligated to pay the AUO overtime rate for LEO “duty free lunch period” claimants. Note that the “rate of pay” appears to affect only LEO qualified claimants on their “duty free lunch” hours. The Union vehemently disagrees with the Agency’s calculation of the hourly rate of pay for “duty free lunch” LEO qualified employees (which only pays LEO claimants @ 1/3 of the FLSA 1.5 times basic hourly rate that the Union claims should be paid). Rather than hold-up all suffer or permit overtime for LEOs the Union got the Agency to immediately pay the rate the Agency claimed was due and then fight about the correct hourly rate. The Union claims that what you LEOs have been paid for “duty free lunch” time is not accurate. The Union and the Agency are filing legal briefs (the issue is very complex) about the LEO hourly rate of pay issue and we expect a decision by the Arbitrator on the rate of pay issue by the end of the year (2006). The LEO “rate of pay” issue does not affect non-LEO claimants and the Union has no reason to believe that non-LEO claimants have been paid at an improper overtime rate.

3) Inquiries- Please do not send or telephone inquiries about your particular case at this time except if there is an address, survivor, or lack of any contact (if you are sure that you are a claimant). We are working on the major issues and will post the results on this website immediately when we have further information.

AFGE continues to work on your behalf and will keep on working until all claimants have been properly paid.

Remember, if you don’t read it here (on this website) what you heard is only a RUMOR.

Joe Goldberg (Esq), for the Union (AFGE).