WASHINGTON D.C. — Information technology and telecommunication specialists for the U.S. Secret Service have filed a proposed class action wage and overtime lawsuit against the agency recently in the U.S. Court of Federal Claims. The information technology specialists claim the agency failed to pay them for all of the hours they worked, including for overtime, in violation of the Fair Labor Standards Act (FLSA).
Secret Service Overtime
As with most employers, the number of hours Secret Service employees work on a regular basis is supposed to be tracked and, in many cases, the amount of overtime should be minimal. In fact, the Secret Service has previously taken steps to reduce the excessive overtime pay it has paid to its agents. These efforts included a March 2013 directive which forbids more than 20 hours of administratively uncontrollable overtime (AUO) in a two-week period. AUO is supposed to be irregular or occasional overtime work. This means Secret Service employees were not supposed to work more than 20 hours of overtime in a two-week period.
However, according to the lawsuit, in its efforts to comply with the directive and reduce overtime, the agency did not actually reduce the amount of overtime work, but did fail to record all of the overtime hours worked. As a result, the agency allegedly failed to pay all of overtime wages to which the specialists were entitled. Currently 14 specialists, both exempt and nonexempt employees, are included in the lawsuit. Even though exempt employees are typically not entitled to overtime wages, in this case the exempt employees claim they were previously authorized to receive overtime pay under certain circumstances, including AUO.
Recording Time Worked
The Secret Service information technology specialists’ lawsuit includes allegations of unpaid overtime which were allegedly the result of a failure to calculate and include all overtime hours worked and a failure to maintain accurate time records. State labor laws and the FLSA require employers to maintain accurate records regarding employees hours and wages. Accurate records should include all of the hours the employer allows or requires the employee to work, as well as the rate of pay received for each of those hours worked. Generally, an employer will provide regular wage statements to its employees, which allows the employees to verify that all of the hours they worked have been recorded and they received proper compensation.
If your employer does not provide regular wage statements or requires you to inaccurately record your hours, you may have a wage or overtime pay claim. Our knowledgeable team of overtime pay lawyers can be reached today at (855) 754-2795. Or you may complete our Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. Time is limited for filing wage and overtime complaints so it is important to call today!