HHS Is Distributing Statements Itemizing Back Pay Owed to Aging Services Program Specialists Pursuant to NTEU FLSA Settlement

Administration for Community LivingOn September 30, 2015, NTEU settled a national grievance with the U.S. Department of Health and Human Services (HHS) concerning the Fair Labor Standards Act (FLSA) status of most Aging Services Program Specialists, GS-13 and below, within the Administration for Community Living.

The employees covered by the settlement have been reclassified as covered by (or nonexempt under) the FLSA, which means that, going forward, they are entitled to a choice between compensatory time off or overtime pay at time-and-a-half, when their supervisor asks them to work extra overtime hours.

In addition, pursuant to the parties’ settlement, HHS has been calculating how much back pay these employees are owed for improperly compensated overtime that they worked going back to March 10, 2010. Employees who are owed some back pay will receive a matching amount of 100% liquidated damages.

HHS recently informed NTEU that it has finished the back pay calculations. HHS has now begun sending statements to every former and current employee covered by the settlement with the agency’s calculations of how much back pay each employee is owed. HHS is sending statements to current employees via e-mail and to former employees via regular U.S. mail.

Employees who disagree with HHS’s calculations as reflected on the statement may file a claim within 30 days of receiving the statement. The statements that HHS is sending to employees explain the process for filing a claim. Please read these instructions carefully. Employees who agree with the agency’s calculations of how much back pay they are owed do not need to take any additional steps. HHS will proceed with processing payments, if applicable, for employees who do not file claims.

NTEU is pleased that HHS is proceeding with the necessary implementation of this important settlement.

Back pay and proper classification under the federal overtime laws are two solid examples of the benefits of NTEU representation.

I welcome your feedback on this subject.