Q & A Session – Overtime Payment to Nonunion Members


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


An agency filed a suit and on FLSA overtime pay for hundreds of miscoded employees that should have been coded as non-exempt. Only dues paying union members received monies from the settlement. Is there any recourse for non-union members?


There is a principle labor law called “the duty of fair representation. The union is obligated to adequately represent both dues paying and non-dues paying members. You may be able to file an unfair labor practice (ULP) with Federal Labor Relations Authority. There is a six-month statute of limitation on ULPs.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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