PEF secures overtime backpay for thousands earned during COVID

Thanks to PEF’s persistence, the State will begin paying more than 1,700 current and former members of the Professional, Scientific and Technical bargaining unit for overtime work on certain COVID-19 preparedness and response projects.  

“This is a major win that only happened because PEF led the way,” said President Wayne Spence. 

The union initiated a claim for the money in June 2020 when members alerted PEF that they didn’t think they were being sufficiently paid for overtime they worked during the ongoing state of emergency. The primary challenge was that the State underpaid overtime wages. Instead of paying one-and-one-half times an employees’ regular rate of pay, some employees were paid a lesser, blended rate for their overtime.  

More than three years later, due to PEF’s efforts, the State will pay nearly $3 million to more than 1,700 PEF members who worked processing unemployment insurance claims at the Department of Labor, as well as members at other agencies who worked on additional Department of Health COVID-19-related preparedness and response projects. The payments include the underpayment to make each member whole for the work they performed, as well as interest that accrued on that money, calculated at 9% annually. More than 400 CSEA employees will also receive back overtime.

“I’d like to thank the PEF General Counsel’s office and PEF Contract Administration for their persistence on this issue,” said President Spence. “It is a great example of the value of unions. Members brought it to our attention, we acted on their behalf, and now civil servants across the State, who sacrificed so much to serve their fellow New Yorkers during the pandemic, will benefit because of PEF’s leadership.” 

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Albany Times Union: COVID pay due to state workers (link downloads a PDF) 

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Covered employees on the State’s Administrative Payroll who were overtime-eligible when they performed the work received payments in their paycheck on December 20. Employees on the Institution Payroll will receive theirs on December 28, 2023. 

The State paid or will pay the principal amount owed to each employee on those pay dates. The interest on the money owed is still being calculated and should be paid in January 2024. The State is also in the process of calculating the principal and interest amounts owed to approximately 270 overtime-ineligible current and former members of the PS&T unit. PEF anticipates those payments will be made in early 2024. 

PEF is sending letters in the mail to each person receiving payments containing their pay information and the data the State used to calculate their payment. Members who wish to dispute the amount should reach out to their PEF field representative as soon as possible, after they have received their payments and the mailing from PEF. If you don’t know who that is, call your regional office and they can assist.

Happy Hanukkah

Wishing all who celebrate a warm & happy Hanukkah season filled with peace, love and light. Chag Urim Sameach!

PEF on the Plaza: Educating members about the value of their union 

This year more than any other, PEF members received multiple dishonest communications via email and regular mail containing false details about opting out of the union. Organized labor is often the target of propaganda and disinformation at the hands of anti-union groups seeking to weaken and divide the power of working people. 

To combat this, the PEF Organizing Department set up an information table at the Empire State Plaza in Albany to educate members about the value of their union membership and benefits. The initiative was first introduced during a telephone town hall held by President Wayne Spence in November. 

“We will be set up at a table in the Empire State Plaza every December Wednesday during lunch time to talk to members and employees in the area about PEF, the contract, and other issues,” PEF Organizing Director Dan Carpenter said during the town hall. “For those who are not in Albany and cannot visit the plaza, please email me — Daniel.Carpenter@pef.org — and we will connect with your leaders and figure out how to provide this education to you and other members.” 

On December 6, PEF Assistant Director of Organizing, Dr. Christine Pluviose, spent hours answering questions from members who stopped by the PEF table, including many who just recently signed their union cards.  

Many members already knew about the anti-union tactics deployed by various organizations, either from being members in other unions before PEF or because they received a particularly disingenuous recent postcard in the mail – pretending to offer $800 in exchange for dropping their PEF membership. 

“Like I would leave the union for $800!” said one member who stopped by the table. “My contract is worth much more than that.” 

Members curious about PEF’s presence on the plaza also stopped by to discuss the contract and new benefits, especially the new dental stipend, which provides members with $400 every year that New York State chooses to contract with EmblemHealth to deliver dental insurance to PEF members.  

“We want members to know that we are doing our absolute best to make sure they are covered,” Pluviose said. “We want them to know that their union has their back and is mitigating costs.” 

Members also dropped by to discuss issues with their agencies and were told by Pluviose that they should reach out to PEF any time they face issues or are thinking about filing a grievance. She assured new members to take advantage of the protection PEF offers them in the event of any disciplinary measure by management. 

“You do not want to enter the room alone if that happens,” Pluviose said. “Reach out to us, or if you know who your field representative is, reach out to them immediately.” 

“PEF on the Plaza” will take place one more time this year — on Wed., Dec. 27, from 11 a.m. to 2 p.m.

Happy Thanksgiving!

Colder days and early sunsets herald the holiday season in New York. No matter how you celebrate, I hope the spirit is one of thanks and solidarity. Have a happy and safe Thanksgiving.

New Vision/Dental Eligibility for Dependents to Age 26

In accordance with the 2023-2026 PEF/State Agreement, dependents up to age 26 will be eligible for dental and vision benefits, regardless of student status, effective Jan. 1, 2024. The State has advised PEF of the following implementation process:

  1. The Department of Civil Service (DCS) will auto-enroll eligible dependents for the January 1, 2024 effective date, on November 22, 2023.
  2. DCS will send out notices to PEF members advising of dependents who have been automatically enrolled or re-enrolled, starting the week of November 27, 2023.
  3. If a PEF member with an eligible dependent up to age 26 has not received a notice from DCS by Dec. 15 that the dependent was auto-enrolled, then the member will need to reach out directly to the agency Health Benefit Administrator (HBA/HR Department) to complete the necessary enrollment paperwork for the January 1, 2024 implementation date.  Please do not reach out to your HBA/HR Department prior to December 15 regarding this enrollment.

Please note, the current eligibility rules still apply to dependents until January 1, 2024.  Until January 1, 2024, dependent children ages 19 through 25 are still required to be full-time students to be eligible for Dental and Vision benefits.

Gov. Hochul: Designate March 8 International Women’s Day!

International Womens DayDuring the last legislative session, both the State Senate and Assembly passed bills designating March 8 International Women’s Day. The governor has until the end of this year to sign the bill into law. It would create a commemorative holiday in New York State. It would not be another paid holiday for all State workers, but it would recognize the struggles of women around the world and honor their achievements in all aspects of society. The PEF Statewide Women’s Committee is joining efforts by the Coalition of Labor Union Women and the Red Carpet for Social Justice alliance in urging Gov. Hochul to sign the bill. The legislative votes were unanimous and New York’s history-making first female governor should do the right thing and proclaim March 8 every year as International Women’s Day in New York State!

If you agree, please call the governor’s office and leave a message urging her to sign the bill. The hotline is open 9 a.m. to 5 p.m., Monday through Friday: (518) 474-8390.

2024 Joseph Scacalossi Scholarship applications now available   

ScholarshipsEach year, PEF awards 10 scholarships valued at $1,000 for four years to students from union families through the Jospeh Scacalossi Scholarship. The scholarship is available to children, stepchildren or wards of active PEF members, retirees, or deceased members. 

The program is open to high school seniors and college freshman. Applications can be downloaded from the PEF website. The application deadline is March 15, 2024. 

Union leaders who want to share information about PEF regional or divisional scholarships should email Communicator@pef.org with details and they can also be posted on the website. 

Productivity Enhancement Program now accepting enrollment 

The 2024 Open enrollment for the Productivity Enhancement Program (PEP) has begun and will run through December 11, 2023. 

PEF allows PEF members to exchange accrued annual leave or personal leave in return for a biweekly credit that reduces an employee’s share of the New York State Health Insurance Program (NYSHIP) premium. 

For 2024, employees at salary grade 17 and below can use additional days to receive a credit up to $1,600. Employees in grades 18-24 are allowed a credit up to $1,500. For the Teacher’s PEP, the same salary grade restrictions apply. Teachers are also able to use floating holidays and compensatory days (if applicable) for PEP as well.  

Additionally, both the PEP benefit and the Teacher’s PEP benefit no longer expire at the end of the PS&T 2023-2026 contract. Your agency’s attendance and leave office must first review your eligibility, prior to forwarding to the agency Health Benefit Administrator (HBA) for entry into NYBEAS. 

Agencies must coordinate with the personnel office and the Health Benefit Administrator (HBA) to distribute and retain all enrollment forms. Agencies also are responsible for certifying the accrual adjustments and initiating the credit on the New York Benefits Eligibility and Accounting System (NYBEAS). 

The 2024 PEP credit begins with the first health insurance premium deduction in 2024. Credits for part-time employees will be prorated based upon payroll percentage. PEP credits will never exceed the employee’s biweekly NYSHIP premium.

For additional information about PEP, please click here.

Flex spending accounts for PEF members now open for enrollment 

The 2024 open enrollment period for Dependent Care Advantage Accounts (DCCA), Health Care Spending Accounts (HCSA), and Adoption Advantage Accounts runs from November 1 to December 11, 2023. 

These flexible spending accounts are state employee benefits that allow payment for certain expenses with pre-tax dollars.  

HCSA 

This account lets you set aside any amount from $100 up to the maximum contribution of $3,200 for the 2024 plan year to pay for health care expenses that are not reimbursed by health insurance or another benefit plan. Only medically necessary medical, hospital, dental, vision, hearing, and prescription medications for you, your spouse, and eligible dependents can be reimbursed or paid for by your HCSA. The account provides carryover, allowing you to use the remaining balance, up to a maximum of $610, from your 2023 account toward eligible expenses in 2024. 

DCAA 

This account allows you to set aside pre-tax money up to $5,000 or $2,500, based on your tax filing status, to pay for eligible childcare, elder care, or disabled dependent care expenses while you are at work. Eligible employees can enroll without setting aside their own money and still be eligible to receive the contractual employer contribution. 

If you file Married Filing Jointly, the IRS $5,000 maximum contribution rule is applied. If both you and your spouse participate in a DCAA, the total household contribution is limited to $5,000. If you file Head of Household, the maximum contribution is $5,000. 

If you or your spouse earn less than $5,000 annually, you cannot put more money into the account than your income or your spouse’s income — whichever is less. If you file Married Filing Separately, the IRS limits contributions to $2,500 and if you file Single, the limit is $2,500. 

The program provides a grace period of two-and-a-half months, or until March 15, 2024, to incur expenses that can be reimbursed from your 2023 balance. 

“PEF successfully negotiated for the state to increase its employer contribution level by $200 per participating employee, starting in 2023, and this increase continues for the 2024 program year,” President Wayne Spence said. “Amid high inflation, every penny saved counts.” 

Adoption Advantage Account 

This account allows you to pay for expenses related to the adoption of an eligible child with pre-tax dollars, up to a maximum of $16,810. 

Click here to access the PEF memo on these flex spending accounts. You can view full plan details here. Enroll online, by telephone at (800) 358-7202, or by scanning the QR code on the memo. You will need your NYS EMPLID number, located on your paystub, to enroll. 

— Kate Stickles