June 8, 2009

Overtime Violations at the EEOC

Filed under: Employment Law — Tags: , , — Jane @ 1:53 pm

According to the Washington Post, an arbitrator has found that the Equal Employment Opportunity Commission, the agency tasked with enforcing federal discrimination laws, has been found to have violated federal overtime law.   The case arose out of a grievance filed by the EEOC employees’ union.   In his findings, the arbitrator found nationwide and knowing violations of the Fair Labor Standard Act.  Apparently employees were encouraged (pressured) to work long hours without overtime pay, although there was a practice of offering comp time…which didn’t meet FLSA requirements.   The EEOC, which is handling increasing numbers of discrimination claims and lost 25% of its staff through cuts during the Bush administration, is reviewing the situation.  This case is just one more reminder that nearly every organization, unless it regularly reviews overtime practices, policies, and exempt/nonexempt issues risks FLSA violations.

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