FLSA Lawsuit

Updated information on the suit available here.

Update: The consent form is available here and the introduction letter is available here.

The National Border Patrol Council (NBPC) has coordinated with the law firm of Woodley & McGillivary to file a collective lawsuit against the Agency for its failure to provide appropriate Fair Labor Standards Act (FLSA) payments to Border Patrol agents and Border Patrol agent canine handlers. More details concerning the lawsuit, and a consent/retainer form can be found in a letter that you may have received in the last two weeks. While the case is in its early stages, the attorneys have determined that it would be prudent to refrain from sharing the full nature of the charges at the moment. What we can tell you now is...

  • The lawsuit is only for present Union dues-paying members. Past members who have promoted or decided to discontinue membership in AFGE-NBPC will not be allowed to join the lawsuit.
  • If you are not presently a dues-paying member of an AFGE-NBPC local, you can sign up now to become part of the lawsuit. Contact a steward at your station or place of work and he or she will provide you with the appropriate documents to register as a union member and a complainant in the lawsuit.
  • This lawsuit will cost dues-paying AFGE-NBPC members nothing more than their monthly dues. The law firm has arranged to be paid only if they are successful in recovering money from the lawsuit. They will only receive payment if the lawsuit is successful.
  • The lawsuit is composed of employees of two classes, Border Patrol agents and Border Patrol agent canine handlers. If you are a dues-paying member who has operated in either of the two work groups in the last three years, you are eligible to join the suit. If you have operated as both a Border Patrol agent and a Border Patrol agent canine handler in the past three years you are encouraged to sign up under both classes.
  • All consent/retainer forms must be received by the law firm of Woodley & McGillivary by March 31, 2014.
  • If you choose, you are able to drop out of the law suit at any time for any reason.
  • If you are a dues-paying member of Local 2366, we strongly encourage you to sign up.

Please contact your station steward if you have any further questions.

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