Hicksville, NY asked in Employment Law, Gov & Administrative Law and Government Contracts for New York

Q: Can Federal Labor law requiring employers to pay you overtime for mandatory training be waived in a Union Contract

I am a County Employee. As part of our collective bargaining agreement, the county requires us to attend mandatory training on our own time. My question is- can FLSA / Labor Law be negotiated away in a collective bargaining agreement?

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
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  • New York, NY
  • Licensed in New York

A: Looks like that requires a thorough reading and analysis of your collective bargaining agreement. Most employment lawyers will probably charge for reviewing and analyzing employment contracts.

You can always present that issue to PERB the NYS Public Employment Relations Board. Generally, the FLSA AND NY Labor Laws can not be avoided. But also, generally, the courts don't want to tell your union what it can or can not do.

You voted for them so technically you could vote for another option? Everyone is stuck with the agreement their union signs because there is no way for more than one collective group to represent the same class or group of employees. That would be chaos.

If the union did not think it was illegal get ready to prove it was or live with it. Good luck.

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