AFGE Local 12 Union Grievance with the U.S. Department of Labor results in $7 Million Resolution.
WASHINGTON DC, August 12, 2016– The American Federation of Government Employees (AFGE) Local 12, which represents thousands of workers in the Washington, DC area, announced that it has settled its Fair Labor Standards Act (FLSA) Overtime grievance against the Department of Labor for $7 million.
In 2006, the Union filed a collective action type grievance on behalf of the entire bargaining unit. The essence of the action was that employees were being forced to work overtime without being properly compensated. This included the failure to provide compensation for “off the clock” work, also known as suffer or permit overtime for FLSA covered employees and “induced overtime” for others. The settlement covers both past and current employees.
A primary purpose of the Department of Labor is to ensure private sector employers throughout the nation are following federal employment laws and regulations. This includes enforcing the FLSA and making sure overtime compensation is properly paid to employees. “You cannot begin to imagine how difficult it was to challenge and then fight the Department of Labor for ten years over its own failure to adhere to these laws and failure to properly compensate its own employees – but that’s what exactly what our Union did – successfully. We will not stand by and let our workers get shortchanged,” proclaimed AFGE Local 12 Union President Alex Bastani. “It is deeply disappointing that both Secretary Chao and Secretary Solis were unwilling to abide by their own regulations when it came to paying their employees; it is sad that a decent and hard-working public servant like Secretary Perez has to clean up their mess,” added President Bastani.
A large portion of the settlement is allocated to back pay and to compensate employees who, in some cases, worked overtime hours for years without compensation. “We are pleased the Department of Labor ultimately accepted liability,” said Michael J. Snider, Esq. of Snider & Associates, adding that “this settlement will help ensure that the Agency follows the same laws it enforces.” “This case was a battle – the resolution was years in the making and eliminated the need for what could have been another decade of protracted and costly litigation,” noted Snider & Associates attorney and senior litigator Keith Kauffman.
The Union plans to post an announcement in September containing further information on its website www.afgelocal12.org. Current and past employees should look there for any updates.
Snider & Associates, LLC is a boutique labor and employment law firm representing federal employees across the country and has recovered hundreds of millions of dollars in damages in FLSA overtime matters in recent years. In addition to federal sector grievances, the firm handles EEO and MSPB cases for unions and their bargaining unit members. For additional information about this case or for information about how the firm can assist your union or bargaining unit employees in other matters please contact Keith Kauffman at (410) 653-9060 or k@sniderlaw.com.