Can unionized employees bring lawsuits under the Fair Labor Standards Act to recover unpaid overtime compensation?
Yes, we have been retained by many unions to enforce the right to Fair Labor Standards Act overtime pay for the employees they represent. These cases arise most often in two circumstances: 1) There are certain work activities that employers refuse to count as work time especially pre-shift activities (e.g., picking up and putting on equipment, reviewing employer memos, etc.), travel time, and at-home work such as answering work-related calls; and 2) employers fail to include certain premiums that unions negotiate in the rate at which overtime is paid. For example, unions will negotiate that workers who work at night are entitled to a shift premium or workers who do not use much sick leave will receive a bonus at the end of the year, and the employer will fail to include these payments in the rate at which overtime is paid to the employees.
Yes, we have been retained by many unions to enforce the right to Fair Labor Standards Act overtime pay for the employees they represent. These cases arise most often in two circumstances: 1) There are certain work activities that employers refuse to count as work time especially pre-shift activities (e.g., picking up and putting on equipment, reviewing employer memos, etc.), travel time, and at-home work such as answering work-related calls; and 2) employers fail to include certain premiums that unions negotiate in the rate at which overtime is paid. For example, unions will negotiate that workers who work at night are entitled to a shift premium or workers who do not use much sick leave will receive a bonus at the end of the year, and the employer will fail to include these payments in the rate at which overtime is paid to the employees. Why should a unionized workplace pursue a case under the FLSA? ANSWER: The FLSA provides a floor level of statutory rights and benefits. Once those
