Our law firm recently learned of several categories of current and former federal employees across a number of agencies that may have been misclassified as exempt from the Fair Labor Standards Act (FLSA). As a result, we believe that many of the employees have not received FLSA overtime at time and a half their regular rate of pay to which they are legally entitled.

Specifically, we have been told by several employees that they are receiving comp time in lieu of overtime pay. This is unlawful because employees covered by the FLSA are due time-and-a-half pay at their regular rate for all overtime hours they work. It is unlawful for the federal government to require that employees take comp time instead. And, even if comp time is used, we believe employees are still entitled to additional back pay and damages. Further, while some employees may receive Title 5 overtime pay (at the GS-10, step 1 rate), Title 5 overtime is less than what employees are entitled to under the FLSA.


Under the FLSA, the applicable statute of limitations is two years before the date a claim is filed, with the possibility of a three-year limitations period if it can be shown that the violation was willful or in reckless disregard of the law. Therefore, anyone who held the positions listed above at any time within the last three years may be eligible to make a claim, including those who are no longer in these positions.

Employee Protections

Our firm has successfully represented over 14,000 federal employees in FLSA litigation since 1990. Some of you may be concerned about retaliation if you participate in a lawsuit seeking what is rightly yours. In our years of representing federal employees in cases against the Government, we have encountered very few instances of alleged retaliation. In those cases, we have always been able to informally resolve any problems. In our experience, the Justice Department does not tolerate retaliation against federal employee plaintiffs for seeking to vindicate their statutory rights.

Pursuing a Claim

If you are interested in pursuing a claim, please email or call Charlotte House at chouse@bernsteinlipsett.com or (202) 296-1798.