The Government agreed to settle the FLSA back pay case we filed for Surveillance Specialists (GS-1801 SSs). The settlement agreement was signed on January 25, 2021. The settlement provides for back pay and additional damages for overtime, compensatory time and travel compensatory time earned for the period two years, ten months before a claim was filed in court up through August 4, 2019 when SSs were reclassified and eligible for FLSA pay.  Settlement checks were mailed to all plaintiffs on February 9, 2021. 

What are the Terms of the Settlement?

BACK PAY FOR OVERTIME – SS plaintiffs received 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 – SS plaintiffs received an additional half hour of pay based on their FLSA regular rate for each hour of compensatory time they earned.

BACK PAY FOR COMPENSATORY TRAVEL TIME – SS plaintiffs received an additional half hour of pay for 90% of the total travel time they earned.

LIQUIDATED DAMAGES – In addition to back pay, every SS plaintiff received an additional 95% of their back pay due in so-called “liquidated damages.”  For example, a plaintiff owed  $5,000 in back pay will receive an additional $4,750 in liquidated damages, for a total of $9,750.

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.