Leonidas
Thinks s/he gets paid by the post
Maybe someone here is familiar with FLSA and can help me with this. It’s a pretty unique situation, so if none of this makes any sense to you, please just ignore it. I’m living it and I don’t quite understand it.
I’m still considered an active employee (final retirement is supposed to be Friday), but a catch has arisen. As a public agency employee, my overtime is governed by FLSA Section 7(o), but I’m also a member of a collective bargaining unit that has negotiated a contract that includes provisions about overtime payment, accumulation of compensatory overtime, and how and when accumulated overtime is paid upon retirement.
The FLSA says that public agency employees shall be compensated for the value of their accumulated compensatory overtime at the time of termination of employment. But my contract says that I can use any remaining unused leave (including accumulated compensatory overtime), after retirement, to fund five years of health and dental insurance premiums at the discounted active employee rate. I had planned to take advantage of that option, but while I’ve been off on a long vacation these many months, the city has been paying me by using every kind of leave except compensatory overtime. The Fiscal Affairs folks looked at my remaining leave and said I didn’t have enough time to pay for five years worth of premiums and denied my request. When I pointed out my 480 hours of comp time, they said FLSA requires them to pay me upon termination and it can’t be part of the five year delayed payments.
My union’s opinion is that they think I'm right, and they told me that the contract governs the payout (vs FLSA) and they are going to call the city’s attorneys tomorrow to see what they can work out. Apparently, I'm either the only person in this situation or the first one they've encountered. When I read the referenced section of the FLSA I see mention of collective bargaining as one of two options for how overtime for public agency employees is governed, but I’m not sure I see where it says that the contract's provision trump the “payout upon termination” clause.
Is there anybody out there who knows the FLSA that can provide me with some insight?
I’m still considered an active employee (final retirement is supposed to be Friday), but a catch has arisen. As a public agency employee, my overtime is governed by FLSA Section 7(o), but I’m also a member of a collective bargaining unit that has negotiated a contract that includes provisions about overtime payment, accumulation of compensatory overtime, and how and when accumulated overtime is paid upon retirement.
The FLSA says that public agency employees shall be compensated for the value of their accumulated compensatory overtime at the time of termination of employment. But my contract says that I can use any remaining unused leave (including accumulated compensatory overtime), after retirement, to fund five years of health and dental insurance premiums at the discounted active employee rate. I had planned to take advantage of that option, but while I’ve been off on a long vacation these many months, the city has been paying me by using every kind of leave except compensatory overtime. The Fiscal Affairs folks looked at my remaining leave and said I didn’t have enough time to pay for five years worth of premiums and denied my request. When I pointed out my 480 hours of comp time, they said FLSA requires them to pay me upon termination and it can’t be part of the five year delayed payments.
My union’s opinion is that they think I'm right, and they told me that the contract governs the payout (vs FLSA) and they are going to call the city’s attorneys tomorrow to see what they can work out. Apparently, I'm either the only person in this situation or the first one they've encountered. When I read the referenced section of the FLSA I see mention of collective bargaining as one of two options for how overtime for public agency employees is governed, but I’m not sure I see where it says that the contract's provision trump the “payout upon termination” clause.
Is there anybody out there who knows the FLSA that can provide me with some insight?