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Susan M. Heathfield

EEOC Violates Law

By March 31, 2009

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Recognizing that the Equal Employment Opportunity Commission (EEOC) is under increasing pressure to investigate the skyrocketing discrimination claims it is experiencing, its willful violation of the Fair Labor Standards Act (FLSA) overtime laws is still shameful. The National Council of EEOC Locals filed a complaint about EEOC overtime practices in 2006 based on charges that dated to 2003.

The arbitrator determined that the EEOC willfully violated law by offering staff compensatory time instead of overtime for hours worked over the basic 40. Additionally, the time was viewed as "requested" by employees when employees clearly felt forced to work the additional hours without pay.

According to the Washingtonpost.com:

"The dispute comes at a time when the agency is handling what it terms an "unprecedented" level of discrimination charges. The EEOC received more than 95,400 charges of job bias in the private sector in fiscal 2008, up 15.2 percent from 2007 and 26 percent from 2006.

"But over the past eight years the EEOC has lost about 25 percent of its staff, including investigators and lawyers who handle the cases."

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April 3, 2009 at 4:09 pm
(1) Malcolm Chlan says:

I think we will see more companies running into these problems as work forces get thinner and thinner but the work load stays the same. Someone has to get the work done.

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