Resolution of Grievance on Delayed Overtime Payment – Claims due by July 28, 2025

The Laborers' International Union of North America (LiUNA) and the Indian Health Service (IHS) have resolved a grievance filed in January 2022 regarding delayed payment of overtime to FLSA non-exempt employees (Employees).

Key Information:

• Who Can Submit a Claim?
  Current and former IHS employees covered by the LiUNA bargaining unit who believe they experienced receiving a delayed overtime payment between January 1, 2020, and December 31, 2024.

• Deadline to Submit:
  • 90 days from the date of the original email (April 29, 2025).
  • Separated employees have an additional 30 days.

• Definition of Delay:

Overtime pay must be received by the payday for the pay period it was worked and submitted; unless the overtime was worked between the second Wednesday and the last day of the pay period, in which case it can be paid on the following payday.

• FLSA Status Check:
  Your FLSA status should be “N” or “NE” (non-exempt) and can be verified via:
  • SF-50 (Box 6)
  • Leave and Earnings Statement (Box 10)
  • myPay (General tab)
  • ITAS ("FLSA Employee" box)
  • Or by contacting your HR department.

• Claim Types:
  • Regular Claim: If you don’t recall specific pay periods, submit a claim by selecting the year(s) you believe you experienced delayed overtime payment.
  • Expedited Claim: If you know the specific pay period(s), include those in your claim for faster processing.

• Processing Order:
  Expedited Claims will be processed first. All claims are generally processed first come, first served.

• Submission Instructions:
  Complete the attached claim form and email it to: IHSFLSAClaims@ihs.gov

• Action Item:

  Please complete and submit your claim if eligible. Also, share this notice with any former IHS colleagues who may qualify.

2025.04.29 Claim Form Delayed OT Settlement with LiUNA.pdf