When NAPE/AFSCME member Scott Weedall (DHHS, Lincoln) worked more than 44 hours in a single work week, he was expecting to be paid at time-and-a-half for the hours he worked over 40. When he received his paycheck and was only paid for 40 hours, he reached out to his union representative right away for assistance.
“I’ve been a Child Family Services Specialist for a few years now, and I know when I work overtime hours I should get paid at time-and-a-half,” said Scott. “I thought it was just a simple error, but when I reached out to payroll they said this was a new overtime rule. That didn’t sound right to me, so I contacted my union representative.”
There have been no changes to the way overtime is calculated under our contract or the law, so Scott was right to be suspicious of the response. With the assistance of his union representative, Scott filed a grievance to ensure his rights were followed and that he would be paid at time-and-a-half for the hours he worked over 40 each week.
The assignment of overtime is governed by our union contract. The payment of overtime hours is governed by our contract and a federal law known as the Fair Labor Standards Act (FLSA). Once CFS Specialists like Scott are assigned overtime, they will be paid for all the hours they actually work. Once they actually work more than 40 hours in their work week, they are paid at time-and-a-half for all hours actually worked over 40 hours.
Sick leave, vacation leave, and comp time do not count as hours actually worked. Under our union contract, holiday pay hours are counted as time actually worked for all overtime eligible members except those in the E Bargaining Unit.
In Scott’s case, he clearly actually worked more than 40 hours in his work week, and he should have been paid at time-and-a-half for the hours over 40. Through the grievance process, Scott prevailed, and he was retroactively paid at the proper rate.
“My union rep made the grievance process very easy,” Scott said. “I’m just glad that, in the end, I was paid correctly.”
If you need assistance calculating overtime pay, or think there may be an error in your payment, contact your union representative right away as strict deadlines apply.