09/19/2025
📢 ATTENTION NEPBA Local 190 Members & Community! 📢
Your Union has officially filed a newest grievance to combat the University's persistent and systemic underpayment of overtime wages. This isn't just about shift differentials; it's about ensuring all forms of compensation are correctly calculated for all overtime hours, as mandated by our Collective Bargaining Agreement (CBA) and federal law!
Despite previous discussions and clear mandates, the University continues practices that we believe violate both our contract and the Fair Labor Standards Act (FLSA). Our core position is that no internal classification of overtime (whether "blue slip," "yellow slip," "pink slip," or departmental overtime) can override the law. If you work over 40 hours in a week, it's legally overtime, and all your remuneration must be included in calculating your "regular rate".
Here’s what the University is allegedly failing to do:
• Including All Shift Differentials: The University is allegedly failing to include all applicable shift differentials ($1.00 for second shift, $1.50 for third shift, $1.25 for weekend shifts, $1.50 for weekend third shift) in overtime calculations for non-departmental overtime. The First Circuit Court of Appeals has definitively ruled that "night shift differentials are precisely the sort of premium that must be included in the regular rate".
• "Stacking" Multiple Differentials: When officers work hours that qualify for more than one differential (e.g., a weekend night overtime shift), the University is allegedly neglecting to "stack" all applicable differentials. FLSA requires all applicable differentials to be added to the employee's base pay to determine the comprehensive "regular rate".
• Including ALL Remuneration: The grievance highlights the alleged failure to include On-Call Pay, Incident Enforcement Pay, Wellness Stipends, and Educational Incentives in the "regular rate" for overtime calculations. Our own CBA explicitly states that Incident Enforcement Pay (Article 12A) and Wellness Stipends (Article 37) "shall be included in the base pay for the purposes of computing overtime". The fact that these are considered "regular compensation" for retirement purposes (as stated in the CBA for On-Call Pay, Incident Enforcement Pay, and Wellness Stipends) further mandates their inclusion in overtime calculations.
• Proper Proration of Lump-Sum Payments: The University is allegedly failing to properly allocate lump-sum payments like On-Call Pay Incentives back to the specific workweeks in which they were earned, which is required for accurate weekly "regular rate" calculation under DOL regulations.
Evidence & Legal Backing:
• The University previously confirmed that a "shift differential code for overtime, separate from regular overtime, exists but isn't in use" in PeopleSoft. This demonstrates the University's capability to comply but a failure to implement.
• The Supreme Court has repeatedly affirmed that employees cannot waive their FLSA rights, and prior acceptance of incorrect payments or longstanding practices (even those in CBAs) does not excuse violations. Any "past practice" defense is legally indefensible.
• The FLSA broadly defines the "regular rate" to include "all remuneration for employment paid to, or on behalf of, the employee," unless specifically excluded by statute.
The Consequences are Real:
Failing to properly calculate overtime leads to significant legal and financial risks for the University, including substantial back pay claims (up to three years), liquidated damages (doubled back pay), costly Department of Labor audits, and potential class-action lawsuits.
NEPBA Local 190 stands firm: We will not waive our rights under the FLSA for any of these violations. The fight for fair and legally compliant pay for our dedicated officers continues!
