FLSA OT Violation

As most of you are aware, members of the Executive Board have been approaching you to sign a consent form in regards to a class action lawsuit that the Lodge is undertaking in regards to a Federal Labor Standards Act(FLSA) overtime violation.
To give you some backround, the Executive Board was approaced by a member 3 weeks ago who inquired why his overtime rate on his most recent paycheck had increased by approxiamtely $2.00 an hour.
When this member reviewed his old paychecks, prior to the new ADP System, he discovered that on the old payroll system, his overtime was computed by simply mulitplying his base pay times 1.5 (eg: Base Pay = $36.39/Overtime = $54.58)
When we inquired into this with Payroll, they explained that the old payroll system was not computing overtime in compliance with FLSA law to include Longevity Pay, Shift Differential, Assignement Pay and Salary Incventive (The FLSA states that all these are to be broken down into a hourly wage and added to the base overtime rate). This particualr portion of the FLSA (Wage Augment Section) has been in effect since 1985. This new base overtime rate is then applied to overtime, holiday overtime, court overtime, standby, hurricane overtime, etc.
In consulting with the Lodge attorney, we feel it is in the best interest of the lodge that all members sign the consent forms and be included in the lawsuit. Unfortunately, because each members computation will be different, this is necessary.
The Lodge has been in contact with the City who is attempting and compiling each individual members actually supplemental overtime rate and how much actually overtime you worked. Some members have questioned why go the "lawsuit" route. To answer that it is to ensure each member gets what is rightly owed to them and it is 100% correct. When the city gets served next week, they have the option of correctly paying back every member and the the suit will be dismissed which we fully expect that they will do by our past conversations with them.
Even though the FLSA law has been in effect since 1985, there is a provision that he city has to only go back 2 years and pay back double the amount owed to the individual member.
I hope that this answers alot of you questions and please do not hesitate to contact anyone on the Executive Board with further questions.

As most of you are aware, members of the Executive Board have been approaching you to sign a consent form in regards to a class action lawsuit that the Lodge is undertaking in regards to a Federal Labor Standards Act(FLSA) overtime violation.
To give you some backround, the Executive Board was approaced by a member 3 weeks ago who inquired why his overtime rate on his most recent paycheck had increased by approxiamtely $2.00 an hour.
When this member reviewed his old paychecks, prior to the new ADP System, he discovered that on the old payroll system, his overtime was computed by simply mulitplying his base pay times 1.5 (eg: Base Pay = $36.39/Overtime = $54.58)
When we inquired into this with Payroll, they explained that the old payroll system was not computing overtime in compliance with FLSA law to include Longevity Pay, Shift Differential, Assignement Pay and Salary Incventive (The FLSA states that all these are to be broken down into a hourly wage and added to the base overtime rate). This particualr portion of the FLSA (Wage Augment Section) has been in effect since 1985. This new base overtime rate is then applied to overtime, holiday overtime, court overtime, standby, hurricane overtime, etc.
In consulting with the Lodge attorney, we feel it is in the best interest of the lodge that all members sign the consent forms and be included in the lawsuit. Unfortunately, because each members computation will be different, this is necessary.
The Lodge has been in contact with the City who is attempting and compiling each individual members actually supplemental overtime rate and how much actually overtime you worked. Some members have questioned why go the "lawsuit" route. To answer that it is to ensure each member gets what is rightly owed to them and it is 100% correct. When the city gets served next week, they have the option of correctly paying back every member and the the suit will be dismissed which we fully expect that they will do by our past conversations with them.
Even though the FLSA law has been in effect since 1985, there is a provision that he city has to only go back 2 years and pay back double the amount owed to the individual member.
I hope that this answers alot of you questions and please do not hesitate to contact anyone on the Executive Board with further questions.

I signed..maybe i missed the answer, so does the lawsuit mandate they go back all the way to 1985? and does this cover our retired bothers and sisters as well?
thanks

Even though the FLSA law has been in effect since 1985, there is a provision that he city has to only go back 2 years and pay back double the amount owed to the individual member. There is also another provision that if this was a willful act, they would have to go back 3 years. A willful violation is extremely hard to prove and this more than likely does not meet that criteria

The lawyers are looking into the retirees and if your pension is affected too

Joe,

From your explanation I understand why the lawsuit route was chosen. My question is was this a good idea to slap the city with a lawsuit when we have a contract negotiation coming up in a few months? Could this potentially piss off the people that we have to negotiate with? I’m sure the contract negotiation will be difficult enough as it is without the city being even more pissed at us. I just want to make sure that we’re not shooting ourselves in the foot. Thanks.

Very good point.
In all actuality though, contract negotiations are going to be difficult no matter what with the current economic climate.
I for one, am not inclined to trust the citys computations of the money that is owed to us.
This is why the lawsuit route is appropriate. It will ensure that everyone gets what they are actually owed.
For a fact, the city is working on computing everyones back OT, so in all likelyhood, once they are served, they will comply and the likelihood that it will ever see a court room is almost non exsistant and will be dismissed.
We need to all remember that the city should of been doing this since 1985.....so the $ amount they have to pay is pennies compared to their overall savings all of those years.
Will it piss "them" off...who knows, but think of this....if we dont go the lawsuit route, your money they owe you is wrong, and then we have a terrible contract negotiation, then what.
Also, if the city were to give you a check on Monday, and it was wrong, by you accepting it, you have no recourse.
For any of you reading this and are worried about retribution, within the FLSA is a Retribution Clause protecting you.
Hope this answered your question.

Even though the FLSA law has been in effect since 1985, there is a provision that he city has to only go back 2 years and pay back double the amount owed to the individual member. There is also another provision that if this was a willful act, they would have to go back 3 years. A willful violation is extremely hard to prove and this more than likely does not meet that criteria

The lawyers are looking into the retirees and if your pension is affected too

Joe
Stop giving legal advice and taking official FOP positions on a Public website. "A willful violation is extremely hard to prove and this more than likely does not meet that criteria".
I can hear it in court now when we try to prove it-- "Your honor even the FOP itself felt it was a stretch to prove willful intent on their own website!!!!!!!!!!

with the lawsuit being filed, who will be double checking the city's calculations for each and every employe to ensure that they are correct?

I am silenced

I am silenced
Joe.
We would like to say thanks anyways for your information.. The other poster might be right but might need some manners.