Working Off the Clock

Working Off the Clock
By John Aceves
Former NAPS Secretary/Treasurer

EAS employees who work off the clock may face myriad negative consequences, including loss of wages, increased stress and workload, reduced job satisfaction and potential legal issues. Wage theft affects EAS employees nationwide, occurring when USPS leadership fails to pay the right compensation. Know your pay category: special exempt, non-exempt or exempt. If postal leadership is aware of off-the-clock work, it may violate USPS wage regulations and result in a case of “wage theft” or improper compensation.

Wage theft encompasses many forms of senior leadership misconduct and failures. If you are a special exempt or non-exempt EAS employee and being forced (or encouraged) to work off the clock and not getting paid overtime or “T” time as required by FLSA or special-exempt compensation agreements, you are being denied fair pay compensation.

The USPS is not exempt and must adhere to wage regulations to ensure fair employee compensation. This includes paying for all hours worked, including overtime, maintaining accurate records of hours worked by providing breaks and meal periods as required.

EAS employees should be aware of their rights regarding compensation; doing off-the-clock work is not one of them. ELM 434.143, version 55, pertains to this issue:

434.143 Eligible for FLSA-Exempt EAS Additional Pay

“FLSA special exempt employees in EAS-18 positions and below are eligible for EAS additional pay if authorized to work over 8.5 hours on a scheduled day or any hours on a nonscheduled day, even while on a temporary assignment such as to an OIC position. When authorized work exceeds 8.5 hours on a scheduled day, EAS additional pay is received for the first half hour as well as for the authorized work over 8.5 hours. Regular FLSA-exempt employees in EAS-23 positions and below positions except postmasters and officers-in-charge are eligible during the designated Christmas period provided they are authorized to work over 8.5 hours on a scheduled day or any hours on a nonscheduled day and the additional hours are spent directly supervising bargaining unit employees in mail processing or delivery functions.”

Proper compensation for hours worked for overtime and “T” time if you qualify is only fair, as well as proper scheduling of EAS employees maintaining a work schedule. EAS employees are not PTFs.

ELM 434.7, version 55, specifies:

434.7 Nonbargaining Rescheduling Premium

434.71 Policy

“Nonbargaining rescheduling premium is paid to eligible nonbargaining unit employees for time actually worked outside of and instead of their regularly scheduled workweek when less than 4 calendar days notice of the schedule change is given. It is not paid beyond the 4th calendar day after the notice of schedule change is given. Neither is it paid when the assignment is made to accommodate an employee’s request.”

If you believe you are a victim of wage theft, take the necessary steps to document instances of unpaid work and seek advice or assistance from your local NAPS branch officers.

Not being correctly paid per Postal Service regulations is a serious abuse of improper compensation affecting the financial stability of employees. Both employers and employees must be aware of the implications of working off the clock and take necessary steps to prevent wage theft.

Remember, if you work off the clock and have an injury or vehicle accident, well, as the saying goes, “nuff said.”

Hasta luego.