Any dispute, controversy or claim concerning or arising out of the application or
interpretation of the Fair Labor Standards Act ("FLSA Controversy") shall be submitted
by a claimant in accordance with this section.
Any FLSA Controversy must be presented in writing and in the form prescribed by the
FLSA Panel no later than sixty days after the date on which such FLSA Controversy
arose.
Any FLSA Controversy arising out of a claimed wrongful computation of benefits
shall be submitted by an employee in writing to the applicable agency head or
designee for review and resolution. A copy shall also be submitted to the Office
of Labor Relations and to the Union. The agency shall have thirty days to resolve
the matter and issue a written decision; such period may be extended by mutual
agreement of the parties.
If the matter is not satisfactorily resolved at the agency level, the claimant may,
within two weeks after receipt of the agency determination, appeal the matter to
the FLSA Panel in writing.
The FLSA Panel shall consist of a representative designated by the Municipal Labor
Committee and a representative designated by the Commissioner of the Office of Labor
Relations of the City of New York. The FLSA Panel shall establish appropriate forms
and procedures to promptly review and resolve all FLSA Controversies submitted to it.
Any FLSA Controversy arising out of the classification of a position or group of positions
as exempt or non-exempt from the FLSA shall be submitted by an employee in writing to
the FLSA Panel.
A copy of any FLSA Controversy concerning a HHC title which is submitted to the
FLSA Panel pursuant to this Section 10(e) shall be forwarded immediately by the Panel
to the HHC's Office of Vice President for Human Resources. If the Panel deems it
necessary to the proper resolution of said FLSA Controversy, it shall consult with HHC
prior to issuance of its determination.
The Panel shall take any steps necessary for a proper disposition of any FLSA
Controversy and shall issue a written determination within sixty days following the date
of submission thereof. The FLSA Panel's time may be extended by mutual agreement of
the parties. The decision of the Panel shall be final.
Notwithstanding the provisions of this Section 10, the submission of a dispute by an
employee under this procedure shall not constitute a waiver of the employee's rights
under the FLSA.