On June 3, 2021, we filed a case on behalf of non-supervisory FBI GS-0101 Forensic Child Interview Specialists to recover FLSA back pay.  As with our other cases involving FBI plaintiffs, the court granted our motion to allow all plaintiffs to file their claims anonymously, meaning plaintiffs’ names will not be available for public view. Emails and notices by mail have been sent to all potential plaintiffs.  The government indicated its interest in settling the case. 

Some of the specific FLSA pay violations include, but are not limited to:

• Paying employees for overtime at less than time and one-half their regular rate for work performed within the geographic limits of the United States
• Paying employees compensatory time in lieu of overtime pay
• Failing to pay employees overtime pay for travel on non-work days

In sum, we believe FBI committed a variety of unlawful pay practices.  If you are interested in joining this lawsuit and meet the eligibility requirements below, please download and sign both the Employee Consent to Be a Claimant and Retainer Agreement (.pdf) and either scan and email them to chouse [at] bernsteinlipsett.com, or mail them to: Bernstein & Lipsett, P.C., 1130 Connecticut Avenue, N.W., Suite 950, Washington, D.C. 20036.

Eligibility to Join Lawsuit

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. Anyone who held the position of FBI Forensic Child Interview Specialist at any time from August 18, 2018 up to the date the FBI began paying plaintiffs properly may join the case, including those who are no longer in this position because of a job change or retirement.

Back Pay and Other Damages

If we prevail on the claims for back pay, we believe plaintiffs will be able to recover back pay for their covered overtime hours and compensatory time for the period beginning at least two years and up to three years before their claims are filed in court and continuing until the agency began paying plaintiffs according to the FLSA. Plaintiffs may also be entitled to up to 100% in liquidated damages on their back pay due.

Pursuing a Claim

We represent plaintiffs on a contingency fee basis, meaning that there is no cost to participate in the lawsuit. If we prevail, our firm will be entitled to 25% of the amount that is recovered for each plaintiff in addition to any attorneys’ fees and costs that the firm recovers from the government under statutory fee provisions. If we do not prevail, you will not be liable for any attorneys’ fees or costs.

It is in your interest to send us the consent form and retainer agreement as soon as possible because it allows us to file your claim and, thereby, preserve the time period you will be entitled to back pay.

Employee Protections

Some of you may be concerned about retaliation if you participate in a lawsuit seeking what is rightly yours. The FLSA makes it unlawful to retaliate against an employee for filing an FLSA claim. In our years 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 Department of Justice, which represents the FBI in these matters, does not tolerate retaliation against federal employee plaintiffs for seeking to vindicate their statutory rights.

We look forward to being able to represent you and other FBI employees. If you have any questions about participating in this case, please contact Linda Lipsett at (202) 296-1798, or her assistant, Charlotte House, at chouse@bernsteinlipsett.com.