Several MnDOT FLSA exempt employees have recently been asked to pay back hours they worked in pay periods that contained both holidays and approved overtime. While MGEC is trying to understand the employer’s basis for this (no one from MnDOT or MMB has advised us of what they are thinking or that they will be demanding payment), we advise people to respond to any request to refund “overpayments” with the following as written by our attorney:
“I do not agree that I was overpaid, and I do not agree to any reduction in my paycheck. If you make an unauthorized reduction of my pay, you will be in violation of Minn. Stat. § 181.79 and will be liable to me for the amount wrongfully deducted plus punitive damages equal to twice the amount deducted.”
FLSA exempt employees nonetheless retain flexibility to manage their workloads under Article 6 of the contract, working in conjunction with their supervisors. If extra hours are incurred with supervisor approval, we also recommend working with supervisors to balance those hours in mutually agreeable ways to avoid the situation above.
Fundamentally, MMB is trying to treat exempt employees the same as non-exempt employees. Further, it is directing employees to enter hours into their time sheets that meet the needs of MMB’s inefficient and antiquated payroll system, which might not be the same as the hours actually worked. We will seek clarity and fairness as we enter bargaining.