As you know, NTEU filed a national grievance on March 16, 2012, with the U.S. Department of Health and Human Services (HHS) concerning the Fair Labor Standards Act’s (FLSA) status of 17 different positions across HHS’ operating divisions, including FDA. NTEU has settled or successfully arbitrated, in whole or in part, eight positions covered by the March 2012 grievance. As a result of the union’s efforts, almost 700 HHS employees have been properly reclassified as “nonexempt” from, or covered by, the FLSA’s overtime protections. Eligible employees have received or are scheduled to receive close to $2 million in back pay and liquidated damages.
NTEU is currently evaluating the status of the remaining positions covered by the March 2012 grievance. The grieved positions that have not yet been resolved are:
- Budget Analysts (GS-0560)
- Financial Management Specialists (GS-501)
- Grants Management Specialists (GS-1101)
- Health Communications Specialists (GS-1001)
- Public Affairs Specialists (GS-1035)
- Public Health Analysts (GS-685)
- Public Health Advisor (GS-0685)
- Regulatory Information Specialists (GS-301)
- Social Science Analysts (GS-101)
- Technical Information Specialists (GS-1412)
As part of its evaluation, NTEU needs to know more about the specific duties of employees in these ten positions. If you or someone you know works in one of the above-listed positions/series, have worked a substantial amount of overtime, and are willing to speak to an NTEU attorney about your/their assignments, please contact your chapter president.
NTEU will continue to fight for proper FLSA classification of our employees. Please contact your chapter president if you have any questions.