your frequently asked questions about being included in the grievance

answers are provided by our attorney joe goldberg - the top recognized expert in flsa law

 

1) if i fill out a privacy act request form will my supervisor know that i did it?

a: no-the privacy act prohibits disemination of personal information to persons who do not have a need to know. there is no "need to know" about the privacy act request by a supervisor.

 

2) can my supervisor retaliate against me for filling out the form?

a: no-the privacy act (5 u.s.c. 552a) is a specific statutory right granted federal employees

 

3) can i decide to fill out the form later and still collect any overtime pay due me?

a: we cannot win flsa overtime for positions that we do not have information about. the privacy act requests gets us the basic information we need to prove a violation.

 

4) can i collect flsa overtime if i already have accepted comp time for overtime that i did?

a: the short answer is nobody knows. this issue has not been decided by the federal labor relations authority.

 

5) can i collect flsa overtime if i already have been paid gs-10/1 pay for overtime that i did?

a: yes-the flsa has no cap (gs10/1)

 

6) can i collect flsa overtime for time spent on travel to and from assignments?

a: the answer is complicated but usually yest on both questions. the devil is in the details, however.

 

7) i can't remember all the times i worked overtime, but it was a lot. how do i retrieve the official t&as?

a: proof is always an issue. the level of proof, required by the employee is relatively low. the burden of proof then switches to the employer (agency) to disprove the employees claim. data can be sought (such as computer or security log-in logs) that can help prove an employees case.

 

8) i worked a lot of overtime but i was told not to enter it on my t&a. what do i do now?

a: flsa overtime is almost never contained in t&a records-see the answer to the question above. we deal with this issue on every case and prove hours in other ways other than t&a records.

 

9) how long will it take before i can collect my overtime pay? [i know, it depends on how long the bureau stalls.]

a: it's not going to be quick. it will take as long as the agency flails around. they will pay each employee what they are due.

back to flsa grievance

 

 


last update: october 28, 2009
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