The Attorney General's office in Delaware is facing a time and attendance lawsuit, according to The Associated Press. The plaintiffs are three former employees tasked with tracking down fugitives and returning them to state.
In their lawsuit, the individuals allege that last year an attorney petitioned the state agency on their behalf to obtain unpaid overtime dating back to November 2010, as records revealed the men were never paid for the additional time worked.
Under the Fair Labor Standards Act, as long as an employee's job duties don't classify him or her as being exempt, than overtime must be paid for all hours worked in addition to the standard 40 designated in a traditional workweek.
Also, in addition to not being properly compensated for overtime, the plaintiffs also state the Attorney General's office retaliated against them by re-assigning their job duties to individuals who were considered to be unqualified due to a lack of sufficient training. The suit also claims the individuals had many of their job duties put under restrictions as a result of seeking overtime compensation. Under the current FLSA guidelines, retaliation of any kind is not allowed.
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