Baltimore, MD
Employment and labor Lawyer at Baltimore, MD
Practice Areas: Employment & Labor, Arbitration ... +3 more
OUTCOME: $7.6 Million Settlement
class action covering 1000 SBA employees, challenging FLSA exempt status and claiming overtime, comp time and suffer or permit damages. Case filings available at www.sniderlaw.com
OUTCOME: Favorable Settlement
After Arbitrator William Croasdale ruled that the Agency waived its right to raise an affirmative FLSA defense of the professional exemption for Instructors, due to untimeliness, this case settled for ... a confidential amount of relief.
OUTCOME: Arbitration win on liability, damages settlement
The US Army illegally maintained employees on a non-negotiated "Alternative Work Schedule," (AWS) in violation of the Collective Bargaining Agreement (CBA) between the Army and the Union. The Union ... filed a Grievance claiming that hundreds of employees were working in excess of 8 hours a day and/or 40 hours per pay period, without a written AWS agreement and without overtime pay. The Arbitrator ruled that the Agency violated the CBA and that the Army had to 1) negotiate AWS agreements with the Union and 2) pay the affected employees backpay and damages. The Damages in this case came to nearly $4 million.
OUTCOME: $24 Million Overtime settlement
The Law Offices of Snider & Associates, LLC announced that the Department of Housing and Urban Development has agreed to settle a nationwide Grievance/Arbitration brought by Federal Unions AFGE Council ... 222 and NFFE Local 1450 regarding overtime exemptions and pay under the Fair Labor Standards Act. The settlement, signed by the US Government, the Unions and the law firm, will protect HUD employees in the future and ensure that they are properly classified under the FLSA. HUD has agreed to pay $24 million dollars to current and former HUD employees who were not compensated properly under the Fair Labor Standards Act. The Agreement was approved and signed by Arbitrator Sean Rogers. “Since its inception, this case has been about protecting employees at the Department of Housing and Urban Development and ensuring that they were properly compensated for work they did for the Agency,” said Michael J. Snider, Esq. of Snider & Associates LLC., Lead Counsel for both AFGE Council 222 and NFFE Local 1450. “This settlement will ensure that the Agency will comply with the regulations under the FLSA and will protect both current and future HUD employees.” The Unions and HUD had engaged in over 40 days of hearings and the case involved nearly 20 motions, protracting the litigation for nearly 5 years. The class action Grievance and Arbitration, which covers up to an estimated 7,000 current and former HUD employees across the country, alleged that numerous employees were misclassified as exempt under the FLSA, which adversely affected their ability to receive pay for overtime hours that were worked, denied them a choice of compensatory time off (“comp time”), and failed to compensate them for travel time and “off the clock” work, known as suffer or permit overtime. The Grievance also alleged damages on behalf of already FLSA non-exempt employees for comp time and suffer or permit violations. The Grievance was initiated in 2003 by Carolyn Federoff, AFGE Council 222 President, when HUD refused to follow the law with regard to travel, including requiring employees to travel on holidays without compensation. “We knew the Agency was vulnerable to an FLSA challenge,” said Ms. Federoff. “We talked with them about this for at least two years before filing the grievance, but they denied that any problem existed,” she continued. NFFE President Elizabeth McDargh filed an identical Grievance in 2005 and the cases were eventually combined.
OUTCOME: Liability Settlement - Hundreds now FLSA Nonexempt
The US Department of Labor had wrongfully exempted hundreds of employees from the overtime provisions of the Fair Labor Standards Act (which the DOL is charged with enforcing against Private sector emp ... loyees). The Union filed a Grievance and the Parties resolved through settlement the Exemption status of hundreds of employees by switching them from Exempt to Nonexempt. Damages remedy is pending.
OUTCOME: Union victory on FLSA Exemption for employees
HUD, after settling an FLSA Overtime case with two Unions that we represented, for $24 million, refused to apply that settlement to two other smaller Unions that also represents HUD Bargaining Unit emp ... loyees. We are fighting HUD on several issues, including FLSA exemption (liability) and damages. In this case, in Memphis, TN, HUD refused to reclassify two employees as FLSA Nonexempt. We had hearings, briefings and Arbitrator Lawrence Oberdank ruled in favor of the Union. He found that HUD had to prove beyond a reasonable doubt that the GS-2210-12 and GS-301-13 employees were properly Exempt, which they failed to do. He ordered HUD to reclassify the employees as FLSA Non-exempt. We now have to evaluate their damages. As HUD has stated that it will never, ever settle another case with our firm over FLSA issues, it looks like we will be in this case for the long haul. There is a companion case in Detroit, MI which we are also fighting against HUD.
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