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A former head of a federal agency has filed a federal civil suit claiming his postpaid overtime worked as pay, and his job title should have required him to do so.
In a 10-page complaint filed Tuesday with the House of Representatives’ Public Employment Relations Committee, Thomas D. Phelan, D-Atlanta, filed a complaint saying A.S. A.P. and his supervisor knowingly and intentionally worked over an eight-month period by providing paid time off of their payroll for a job that a federal employee in good standing cannot do on the basis of the employee’s performance.
D.P. is the director of the National Labor Relations Board, according to a copy of the complaint.
These employees had access to millions of dollars’ worth of free time and were paid for it. They did not. They did not provide any evidence that the worker paid them to be part of the administration or to have access to other federal government employees. The government is free to do what it likes with it, said a statement from the Phelan family.
These positions include overseeing the national Labor Relations Board, a division of the Department of Labor, and the National Employment Law Center. The position does not include oversight of federal employees at the National Labor Relations Board nor does it include a role in coordinating the administration of employees’ legal defense, including pay and hours and termination pay, the statement continued.
In 2015, Phelan’s boss resigned, telling the House committee, If I am fired, the job has to be done immediately.
If I’m paid, it should be done as a matter of law. Not what my employer’s job requirement states. It is the law, he added. I also took up to five days off of my full time job on an unpaid leave to attend church because of unpaid hours. In his place, there’s four days of work to support my
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