DECISION OF THE BOARD OF DIRECTORS
There are two related cases before the Board. The first case is on a Petition for Review of the Hearing Officer’s January 23, 2014 Order in Radford Kemp v. Architect of the Capitol, Case No. 13-AC-01 (CV, FL, RP) (“Kemp I”), denying, in part, claims under the Fair Labor Standards Act (“FLSA”), and, in full, claims of retaliation and hostile work environment. These allegations primarily stem from the Architect of the Capitol’s (“AOC”) delay in paying Radford Kemp (“Kemp”) 17 hours of overtime worked on August 12, 2012 in AOC pay period (“pay period” or “PP”) 17. The delay in Kemp’s overtime payment lasted from approximately August 26, 2012 to February 6, 2013 (PPs 18-27 in 2012- PP 1 in 2013). The Hearing Officer found that the AOC violated the FLSA for the delayed payment in PPs 18 and 19 (counts 2-3). The Hearing Officer found for the AOC on the other FMLA, retaliation, and hostile work environment claims.
The second case is on a Petition for Review of the Hearing Officer’s August 22, 2014 Order in Radford Kemp v. Architect of the Capitol, 13-AC-35 (AG, CV, RP) (“Kemp III”) , in which the Hearing Officer determined that the AOC retaliated against Kemp, in violation of Section 207 of the Congressional Accountability Act (“CAA”) when, after becoming aware that Kemp sought mediation in Kemp I, it delayed payment in PPs 24-27 in 2012 and PP 1 in 2013 for the 17 hours of overtime worked in PP 17 (counts 29-33). The Hearing Officer ordered that the AOC pay Kemp $500 in compensatory damages for each of the five pay periods that payment was delayed after Kemp sought mediation in Kemp I, for a total of $2,500 in compensatory damages. Kemp appeals the Hearing Officer’s dismissal of the remaining retaliation, failure-to-promote, and hostile work environment claims.
