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. Q: 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? A: 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…