The Government proposed to settle the second FLSA back pay case we filed for Investigative Specialists (GS-1801 ISs). The tentative settlement provides for back pay and additional damages for overtime, compensatory time and travel compensatory time earned. The period of time covered by the settlement is two years, ten months before a claim is filed in court up through October 13, 2018. The government is currently preparing each plaintiffs’ proposed calculation of back pay due.  Once we receive the calculations, we will send them to plaintiffs for review and approval.  The tentative settlement is subject to approval by the Department of Justice. A similar FLSA case filed for Investigative Specialists was approved.

What are the Terms of the Tentative Settlement?

BACK PAY FOR OVERTIME – IS plaintiffs will receive the difference between what they were paid for overtime hours worked and what should have earned. Plaintiffs were paid for overtime at their hourly rate and should have been paid at time and a half of their FLSA regular rate.

BACK PAY FOR COMPENSATORY TIME – IS plaintiffs will receive an additional half hour of pay at their FLSA regular rate for each hour of compensatory time they earned.

BACK PAY FOR COMPENSATORY TRAVEL TIME – IS plaintiffs will receive an additional half hour of pay at their FLSA regular rate for 90% of the total travel hours they earned.

LIQUIDATED DAMAGES – In addition to back pay, IS plaintiffs will receive an additional 95% of their back pay due in so-called “liquidated damages.”

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

If you have any questions about this case, please contact Linda Lipsett at (202) 296-1798, or her assistant, Charlotte House, at chouse[at]bernsteinlipsett.com.