Department of Labor: New York town misclassified seven employees

A U.S. Department of Labor investigation into a time and attendance complaint filed by the United Public Service Employees Union in 2009 has determined that the New York town of Colonie improperly classified seven of its employees as exempt from overtime.

The investigation was launched after the union noticed discrepancies between the time-and-a-half payment policies for town employees who held positions with similar titles across different units.

"We had like titles in other bargaining units that did get overtime," Kathy Wright, regional coordinator for the UPSEU, told the Times Union. "That raised a red flag."

The investigation - which was launched nearly a year ago - also revealed that another seven people working for the town should have been receiving a higher rate of overtime.

The department is currently calculating how much overtime back pay the affected workers are owed.

According to figures released in January of this year, the town disbursed nearly $2.6 million in overtime last year, with the top 10 earners all working for the police department, the Times Union reports. 

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