In June 2024, a group of members contacted UPE regarding an issue with overtime pay. The members believed the Court was underpaying when they worked more than 8 hours a day during weeks when they took sick leave on a different day of the week. Under the contract, members are entitled to pay or CTO at 1.5 their normal pay rate for hours worked in excess of 8 in one day or 40 in a week. According to the contract, sick leave does not count as hours worked for overtime eligibility.
Our members were taking sick leave on one day of the week and then having it held against them when they worked more than 8 hours on a different day of the week. For instance, if a worker took two hours of sick leave on Monday and then worked 8 am – 7 pm on Tuesday, the Court was not giving them 1.5 time for the hours from 5 pm – 7 pm. The Court mistakenly believed the two hours from Monday needed to be made up. This isn’t true because, under the contract, members are entitled to overtime if they work more than 8 hours a day, regardless of whether they had sick leave any other day that week.
UPE identified three specific members affected by this and filed a grievance on their behalf along with all other affected members. The Court agreed with UPE’s application of the contract and granted the grievance. They identified 45 other employees affected. In total, 73 instances of underpayment across the Court occurred between June 13, 2023, and June 13, 2024 (the period UPE is allowed to go back under the contract). The Court should notify affected members, and changes are set to take effect after July 31, 2024. Should members believe they may have been affected, they can contact UPE for more information (alexander@upe1.org).