Remedy Phase for Lost Wages and Leave Time Is Now

If You Were Negatively Impacted by the January Flex and Alternative Schedule Changes, You Have Until Oct. 2 to Act

In early January, the state made changes to the way they treated Flex and Alternative Schedules for state employees. They did so in order to be in compliance with the Fair Labor Standards Act (FLSA). The process proved to be complicated because of limitations to the state’s updated payroll software (NH First) and inconsistencies in the way different state agencies or facilities treat work time, leave, and compensation for flexible/alternative schedules, as well as overtime.

As a result, some employees may have been shorted work hours, shorted overtime compensation, or forced to take leave to make up hours reported in one of the weeks within a two-week pay period, etc.

Soon after the changes were announced, SEA/SEIU Local 1984 filed a global grievance (meaning it covers everyone) citing violations of the CBA that have resulted from these changes. This was done to preserve timelines in the event a mutually agreeable resolution to the matter cannot be reached between SEA/SEIU Local 1984 and the state.

The first step in resolving this issue was to get every agency to adhere to the appropriate wayof treating flex/alternative schedules under both the CBA and law, which included the issuance of schedules that are compliant.  This phase has taken much more time than anticipated. However, it is now complete and we move on in the process.

We now enter the remedy phase. If you feel you are owed wages as a result of the changes, and can substantiate that, you may be entitled to receive the lost wages retroactively. If you have been forced to use leave time, you mayhave the option of buying the leave time back.

It is upon the employee to provide documentation that proves their claim, i.e., pay-stubs from January 9, 2015 on.  Take the information to your HR representative prior to Oct. 2.  If you do not make progress with HR before noon on October 1, please send your information to Chris Porter at cporter@seiu1984.org. You may get the documentation to him by email, fax or dropping the items off at our office, 207 N. Main St., Concord.

If you have questions, please contact your steward. If you don’t know who your steward is, you can find out here. If you cannot reach your steward, contact Sean Bolton at 271-3411 x137 or Charlie McMahon at 271-3411 x130.

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