LIUNA Local 29F FLSA Settlement Frequently Asked Questions
1. Why was the case filed?
Your Union, LIUNA Local 29F, represents all bargaining unit employees (BUEs) working at the KC ACOE. Upon learning that the Corps was not properly compensating employees in accordance with the FLSA for overtime work, LIUNA filed a formal Grievance was filed in February 2009 on behalf of all BUEs. The Corps also had wrongly designated many BUEs as Exempt from FLSA coverage. The Grievance sought to change the Corps' FLSA designation to Non-Exempt for many BUEs so that they would be entitled to the protections afforded by the FLSA. The Law Office of Snider & Associates was retained to represent the Union’s interest.
2. What is the FLSA?
The Fair Labor Standards Act is the law requiring employees to be properly paid overtime for work performed beyond scheduled daily work hours. For most employees covered by the FLSA, that means an entitlement to overtime for work over 8 hours in a day, 40 hours in a week or 80 hours in a pay period.
3. Who may be entitled to compensation from the Settlement?
Both current and former BUEs who worked at KC ACOE anytime between February 2007 and August 2014 and who were then or later determined to have been covered by the FLSA (Non-Exempt) are eligible for compensation from the Settlement. It is possible that over 1,000 BUEs (current and past) will receive compensation.
4. How does the Settlement benefit BUEs?
Compensation from the Settlement will be paid to many BUEs. A large number of BUEs are also having their FLSA status now changed from Exempt (not covered) to Non-Exempt (covered). This means those BUEs will now be afforded the rights and protections of the FLSA. Additionally, the Corps now recognizes the need to properly compensate BUEs going forward and that your Union will not tolerate a climate of improper compensation.
5. Why are some BUEs receiving new SF-50s?
As mentioned above, some workers are being re-designated to FLSA Non-Exempt as part of the Settlement process. This will automatically generate corrective SF-50s.
6. What does it mean to be covered by the FLSA (FLSA Non-Exempt) and why should I care?
Employees covered by the FLSA are entitled to be paid overtime in many situations where FLSA Exempt employees are not. Employees covered by the FLSA cannot be forced to accept compensatory time versus overtime in most situations. Additionally, overtime payments can be capped for FLSA Exempt employees but not for those covered by the FLSA.
7. When will payments be made to those so entitled?
The Settlement with the Corps requires them to provide certain data necessary to assist the union in determining all those covered and the amounts to be paid to each BUE. That data is in the process of being produced and will then take some time for the union, its attorneys and the distribution company, Class Action Implementation Group (CAIG), to assemble. It is expected distributions will occur in early 2015. To expedite the distribution process, you should go to www.LiunaL29F.com.
8. How can I find out more information and if I am eligible for compensation from the Settlement?
Visit www.LiunaL29F.com. That is the first step to ensuring you are kept informed and your questions, including how much you may be receiving, are promptly addressed. The settlement disbursement company, CAIG, will also be attempting to contact affected workers later this year, but you do not need to wait.
9. How can I join the union?
Visit this page to join the union. Dues are only $9.60 per pay period.
For further information about the settlement or about the union, you can contact LIUNA Local 29F Business Manager, Carol Hodges, at firstname.lastname@example.org or at 816-389-3732.