Former Texas A&M employee files lawsuit for alleged FLSA violations
During a regularly scheduled audit with a Texas A&M University representative in 2008, the director of the Office of Financial Aid and Scholarships at the school's Commerce, Texas, campus revealed concerns about employee comp time and vacation pay, an action for which she alleges she was later unfairly penalized, as reported by the Human Resources Journal.
According to the woman's claims, Texas A&M was violating the Fair Labor Standards Act's (FLSA) provision that allows certain state and local agencies to issue comp time in place of overtime pay, the source adds. When employee attendance exceeds 40 hours in a workweek, staff are typically owed premium pay (time-and-a-half rates) under federal overtime rules. However, non-exempt Texas A&M employees were allegedly allowed to receive time-and-a-half compensatory time off up to 240 hours in place of the extra remuneration.
Additionally, the former employee said was fired as a result of her discussion with the auditor, the Human Resources Journal reports. If this were true, the incident could be a considered a violation of the FLSA's whistleblower and retaliation protections that don't allow employers to fire workers who have lodged a complaint about violations or participated in investigation procedures. However, the district court ruled in favor of the defendant because the woman's claims did not line up with requirements for veritable violations.
According to the woman's claims, Texas A&M was violating the Fair Labor Standards Act's (FLSA) provision that allows certain state and local agencies to issue comp time in place of overtime pay, the source adds. When employee attendance exceeds 40 hours in a workweek, staff are typically owed premium pay (time-and-a-half rates) under federal overtime rules. However, non-exempt Texas A&M employees were allegedly allowed to receive time-and-a-half compensatory time off up to 240 hours in place of the extra remuneration.
Additionally, the former employee said was fired as a result of her discussion with the auditor, the Human Resources Journal reports. If this were true, the incident could be a considered a violation of the FLSA's whistleblower and retaliation protections that don't allow employers to fire workers who have lodged a complaint about violations or participated in investigation procedures. However, the district court ruled in favor of the defendant because the woman's claims did not line up with requirements for veritable violations.
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