**Note: if you are an Intelligence Analyst or Staff Operations Specialist who missed the opt-in deadline for our previously filed FLSA cases, we can still file your claim. Please fill out and sign the Employee Consent to Be a Claimant and Retainer Agreement (.pdf) and either scan and email them to chouse [at] bernsteinlipsett.com; fax them to 202-496-0555; or mail them to: Bernstein & Lipsett, P.C., 1130 Connecticut Avenue, N.W., Suite 950, Washington, D.C. 20036.**
Recently, the Government proposed to settle the FLSA cases our firm filed on behalf of GS-11 – GS-15 non-supervisory Intelligence Analysts (GS-0132 IAs) and GS-11 – GS-12 Staff Operations Specialists (GS-0301 SOSs) at FBI. 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 settlements is two years, ten months back from the time a claim is filed in court up through May 11, 2019. The settlements are subject to approval by the Department of Justice. In our experience, tentative settlements in cases like these are typically approved.
More than 780 FBI Intelligence Analysts and 380 Staff Operations Specialists have already joined the cases. We also have brought or are in the process of bringing FLSA cases on behalf of Surveillance Specialists, Investigative Specialists and Language Analysts and in total represent more than 1800 FBI clients.
In order to receive back pay and additional damages under the settlement agreements, eligible FBI employees must join the lawsuits. If you are interested in joining, 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.
What are the Terms of the Proposed Settlements?
BACK PAY FOR OVERTIME – IAs and SOS 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- 13, Step 5 IAs in Chicago were paid $52.35 for each of their overtime hours worked in 2018. They should have received approximately $78.00 in FLSA overtime for each overtime hour. GS-12, Step 5 SOSs in Chicago who were paid $44.25, but should have received approximately $66.25 for each overtime hour.
BACK PAY FOR COMPENSATORY TIME AND TRAVEL COMPENSATORY TIME– IA and SOS plaintiffs will be paid an additional half hour of pay for each hour of compensatory time they earned. For example, GS-13, Step 5 IAs in Chicago were paid approximately $52.35 for every hour of comp time and travel comp they earned and used in 2018. They will be paid an additional $26.00 in back pay for each of those hours. GS-12, Step 5 SOSs in Chicago were paid $44.02 for every hour of comp time and travel comp they earned and used. They will receive an additional $22.00 in back pay for each of those hours.
LIQUIDATED DAMAGES – In addition to back pay, every IA and SOS 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 IAs and SOSs who participate in our cases are 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 our cases, please contact Linda Lipsett at (202) 296-1798, or her assistant, Charlotte House, at firstname.lastname@example.org.