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OSHA Back Pay Award
Posted On: Jan 20, 2012
$150,000 in back pay to be paid to some 170 bargaining unit employees
It took 10 years and two settlement agreements but the Department of Labor will finally be paying OSHA bargaining unit employees the proper amount of overtime for their work at the World Trade Center in 2001 and 2002. This issue began when the Department failed to properly compute overtime, shift differential, and Sunday premium pay for these employees. Under the Fair Labor Standards Act (FLSA) any holiday pay, Sunday premium pay, shift differential must be used to calculate the correct amount of overtime pay due. This is the same thing the Department requires of all other employers, both private and public sector, who are covered under the FLSA.
This issue was originally taken up by former NCFLL VP Scott Wilkinson and later handled by NCFLL VP Nancy Nolan. Their efforts resulted in back pay with interest. While the Department of Labor has a performance standard for its Wage-Hour Investigators to complete their Fair Labor Standards Act investigations within 90 days, the Department needed 40 times that 90 day time limit to complete its own FLSA action. A tip of hat goes to both Scott Wilkerson and Nancy Nolan for their dogged pursuit of proper and just compensation for their fellow bargaining unit employees.
