ARBITRATOR DECIDES EEOC EMPLOYEES WORKED OVERTIME

AFGE Local 3614 won a major victory in September 2006, when Arbitrator Joyce M. Klein found that a class of Equal Employment Opportunity Commission (EEOC) employees working in EEOC’s Washington Field Office is entitled to years of overtime pay. The exact amount of unpaid overtime has not been determined, but the Arbitrator suggested the parties resolve the case by agreeing on fair compensation for the unpaid work.

Thereafter, on March 5, 2007, EEOC and AFGE Local 3614 entered into a stipulated order on a fair remedy of $186,000 to be paid directly to employees who worked as investigators and support staff who were under-compensated between January 2000 and September 2006, and to the Union’s attorneys’ for fees and costs. The settlement allows the parties to avoid further litigation and appeals.

Several Union members testified that they worked in the evenings at home, on weekends and holidays without compensation. Attorneys from Snider & Associates, LLC, AFGE Local 3614’s counsel worked over three years on the case and proved EEOC’s repeated and unfaltering violations of the Fair Labor Standards Act (FLSA).

"The decision of Arbitrator Klein vindicates the right of EEOC employees to receive overtime pay as federal law requires," said Regina Andrew, President of AFGE Local 3614. "We worked with EEOC Chair Naomi Earp’s office to determine a fair monetary amount to promptly compensate our class members for their overtime work." Affected Grievants should receive overtime money by April 5, 2007.

The decision does not affect EEOC attorneys and administrative judges, who are exempt under FLSA.