The Government proposed to settle the FLSA back pay case we recently filed for GS-11 – Investigative Specialists (GS-1801 ISs). The settlement provides for back pay and additional damages for all overtime, compensatory time and travel compensatory time earned. The period of time covered by the settlement is two years, ten months back from the time a claim is filed in court up through October 13, 2018. The settlement is subject to approval by the Department of Justice. An identical case filed for Investigative Specialists was already approved for payment by the Department of Justice.

In order to receive back pay and additional damages under the settlement agreement, eligible FBI employees must join the lawsuitIf you are interested in joining, either sign the consent form we emailed and mailed to you on June 18, 2020, or download and sign both the Employee Consent to Be a Claimant and Retainer Agreement (.pdf).  Scan and email them to chouse [at], or mail them to: Bernstein & Lipsett, P.C., 1130 Connecticut Avenue, N.W., Suite 950, Washington, D.C. 20036. ALL CONSENT FORMS MUST BE RECEIVED FOR FILING BY September 17, 2020. 

What are the Terms of the Proposed Settlement?

BACK PAY FOR OVERTIME – IS plaintiffs will be paid the difference between what they should have earned in overtime at time and a half their FLSA regular rate and what they were paid for overtime at their hourly rate. For example, GS- 11, Step 5 ISs in Chicago were paid $44.25 in 2018. They should have received approximately $55.00 in FLSA overtime for each overtime hour. They will be paid an additional $10.75 for each of those hours.

BACK PAY FOR COMPENSATORY TIME AND TRAVEL COMPENSATORY TIME– IS plaintiffs will be paid an additional half hour of pay for each hour of compensatory time they earned. For example, GS-11, Step 5 ISs in Chicago were paid approximately $36.73 for every hour of comp time and travel comp they earned and used in 2018. They will be paid an additional $18.36 in back pay for each of those hours.

LIQUIDATED DAMAGES – In addition to back pay, every IS plaintiff will receive an additional 90% of their back pay due in so-called “liquidated damages.”  For example, if you are owed $5,000 in back pay, you will receive an additional $4,500 in liquidated damages, for a total of $9,500.

The names of ISs who participate in the case is sealed and hidden from public view.

Also, the law prohibits retaliating against anyone asserting their rights to back pay under the FLSA. In our decades of experience representing thousands of federal employees in FLSA cases, we have received only two complaints of retaliation which the government immediately corrected.

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