As the attorneys who represented you in the back pay case against AAFES that was settled May 29, 2020, we recently learned that AAFES gave notice of intent to change your pay, with the intent to implement two hours of “sleep differential” pay as of May 15, 2021. As you know, compensation for sleeper berth time was the back pay issue in the case that settled. The previous settlement agreement expressly provided that it was not “intended to permit AAFES to violate any pay laws in the future.” AAFES apparently did not change its pay practices immediately following the settlement, but waited nearly a year before taking action. Because of the approximately one year gap from settlement of your previous back pay claims on May 29, 2020 and the new “sleep differential” pay, as well as other issues, we believe that you can make new back pay claims and may be entitled to additional back pay compensation.
In addition to the protection in the settlement agreement for these claims, we also want to remind you that AAFES is legally prohibited from retaliating against you if you bring a new claim. Federal law, specifically section 215(3) of the Fair Labor Standards Act (FLSA) provides that it is unlawful for any employer “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or… caused to be instituted any proceeding under or related to [FLSA].” This provision applies to governmental entities like AAFES and has been strictly enforced as a protection for employees from retaliation by employers.
If you would like us, The Carlson Law Firm, the Kern Law Firm, and Scanes & Routh, to represent you again on a new claim for back pay compensation, please download and sign the contract and Consent to Join form and return them using the included instructions.
Click here to download the Consent to Join Form and Contract.
