Jacob Yaakov Statman's Legal Cases (3)

Class action

AFGE 1770 v Ft. Bragg (WOMACK Army Medical Center)

Jan 05, 2006

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.

Employment and labor

AFGE Local 12 v US Department of Labor

N/A

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.

Arbitration

NFFE 259 vs. HUD Housing and Urban Development FLSA Overtime Case

N/A

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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