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Post by zero on Dec 19, 2008 16:50:50 GMT -5
I should say that all of my earlier comments about an hour’s pay for an hour’s work will, in my philosophical way of thinking, go out the window if I’m appointed to a position as an ALJ. To me, a judge is appointed with a salary and has enough control over his own work schedule that he shouldn’t be charging overtime. Maybe some existing judges can tell me whether ALJs get OT.
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Post by hooligan on Dec 19, 2008 18:59:10 GMT -5
I should say that all of my earlier comments about an hour’s pay for an hour’s work will, in my philosophical way of thinking, go out the window if I’m appointed to a position as an ALJ. To me, a judge is appointed with a salary and has enough control over his own work schedule that he shouldn’t be charging overtime. Maybe some existing judges can tell me whether ALJs get OT. Nope. No OT. We can work "credit hours" that we can use at our descretion, but the salary stays the same. When your 40hr/wk are done, you can go home and enjoy your family and leave the office behind.
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Post by zero on Dec 20, 2008 14:26:04 GMT -5
Just to stir the pot...is there anyone out there who believes ALJs SHOULD get ot?
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Post by morgullord on Dec 20, 2008 21:39:00 GMT -5
ALJs who do not sign in/out (optional under the CBA) should get no OT, no comp, no credit hours, as the CBA states. To quote a song from the English Renaissance, "if you will not when you may, you shall not when you will..."
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Post by zero on Dec 22, 2008 16:39:40 GMT -5
I should say that all of my earlier comments about an hour’s pay for an hour’s work will, in my philosophical way of thinking, go out the window if I’m appointed to a position as an ALJ. To me, a judge is appointed with a salary and has enough control over his own work schedule that he shouldn’t be charging overtime. Maybe some existing judges can tell me whether ALJs get OT. Nope. No OT. We can work "credit hours" that we can use at our descretion, but the salary stays the same. When your 40hr/wk are done, you can go home and enjoy your family and leave the office behind. Yes, but what if you don't make your production quota?
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Post by hooligan on Dec 22, 2008 21:23:43 GMT -5
Nope. No OT. We can work "credit hours" that we can use at our descretion, but the salary stays the same. When your 40hr/wk are done, you can go home and enjoy your family and leave the office behind. Yes, but what if you don't make your production quota? To quote George Bush, "So what?" Seriously, they can rant and threaten, but they have not figured out there is anything they can do about production enforcement and it certainly has no corrolation to OT. Ultimately, they may be able to go after extremely low producers, but I doubt they will ever be able to put any teeth into the individual ALJ goal of 500+ decisions per year. There are too many variables that are outside the judge's control. Right now, other than the shame factor, the goal is primarily a tool to measure management performance. If a judge in the office closes 450 cases, he may get counselling, but it is the Hearing Office Director and Office Chief who get squeezed.
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Post by rhino on May 20, 2009 14:43:51 GMT -5
Bump this up because of the questions being posed under "ALJ Evaluations."
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Post by ohaer on May 22, 2009 8:07:26 GMT -5
If you are a government attorney, and working more than 40 hours per week without recording it and receiving some sort of compensation (howevere meager) you are in violation of the anti-deficiencies act--which forbids contributing your time to the federal government. Violation is a felony.
Anyone who coerces you to do so is likewise in violation. We are lawyers, folks. Try becoming what we used to jokingly refer to as one of those "coed" lawyers--you know, one that gets the code out and reads it in every fact situation. You'd be surprised what you might learn by reading the law. Now, do I honestly believe that every government lawyer is compensated for every minute of time spent on the job--no. Some stuff is unavoidable. But if you are working substantial amounts of uncompensated time for the federal government, you are violating the law.
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Post by morgullord on May 22, 2009 8:27:31 GMT -5
31 U.S.C. sec. 1342
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Post by valkyrie on May 22, 2009 8:38:53 GMT -5
If I recall correctly, didn't DOJ get socked with a near $1 billion in back pay judgement over failure to pay overtime? I know the ODAR attorneys used to get paid regular rate GS-9/step10 pay for overtime until ODAR got hit with a backpay suit in the early to mid-90s.
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woops
New Member
Posts: 9
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Post by woops on May 22, 2009 9:05:15 GMT -5
Actually, summary judgment was granted to the government, dismissing the lawsuit by Asst US Attoneys seeking overtime pay. It's a DC Cir case. DOJ attorneys, who are in excepted service, do not get overtime pay
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Post by ohaer on May 25, 2009 14:05:17 GMT -5
Yup. I got about 17K, after taxes, in back pay on that grievance. Would have been a couple or three times that had I known I would ever be compensated, because I worked hundreds (if not thousands) of hours of comp time rather than paid overtime because of the grade 10/step 10 pay cap. I actually took about a $6-7 per hour pay cut to work paid overtime with the cap, so I almost always opted for comp time. Hence I worked a lot of comp time, took skads of time off, I'd rather not have taken (comp time reverts to paid overtime after, I believe, 13 pay periods or some such).
I got threatened with termination once because I once let comp time revert to paid overtime, despite the fact that I could have originally opted for overtime. Go figure. You run into things like that once in a long while when working for the government. Not often, but it happens.
That is the same supervisor who familiarized me with the anti-deficiencies act--are you ready? For working 18 minutes I didn't put on the clock. I honestly lost track of time, and did not have "permission" to work comp/ot, so just signed out at the time I should have left. Honestly. Threatend wth prosecution of a felony because I lost track of time for less than 20 mintues. It doesn't happen often, thankfully, but you run into people genuinely jealous of your happiness at times. I know I did. I was glad to see that individual go.
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Post by Southern Scrivener on May 25, 2009 19:06:31 GMT -5
Did that supervisor quit or become an Administrative Law Judge?
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