An arbitrator found that the EEOC violate the FLSA by misclassifying as exempt its investigators and mediators.
The arbitration was a result of a greivance intially filed in February 2003 by the American Federation of Government Employees (AFGE) National Council of EEOC Locals, No. 216 on behalf. EEOC had classified these employees as exempt under the Fair Labor Standards Act (FLSA), thereby excusing itself from having to pay these employees for working overtime.
The Union’s post-arbitration brief can be found here.