Wednesday, October 1, 2014 Team Blows Up UNCG Brady Bunch

From one of our researchers who shall remain nameless:

UNCG Is Blowing Up

OK. Since UNCG can't seem to figure out matters of public record....

David Wilson was SPA exempt 2 with a hire date of April 2003. He made $40,042 annually. It looks like he was exempt from overtime. The $154 per incident represents taking a day off or if he worked outside of 8 to 5 (remember, no overtime) it could have been compensatory time that he did not have the opportunity to take off during one of the busier months.

Chris English has the same status with an annual salary of $45,535 and a hire date of December 2002. The math works out the same.

Source: Charlotte News & Observer UNC employee database
Obtaining property by false pretenses with a value under $100,000 is a Class H felony. It means to knowingly and purposefully obtain or attempt to obtain something of value (money, goods, property, etc) but does not raise to the level of larceny or embezzlement. I am going to copy and paste the statute for you but it is total legalese.
Article 19.
False Pretenses and Cheats.
§ 14-100. Obtaining property by false pretenses.
(a) If any person shall knowingly and designedly by means of any kind of false pretense 
whatsoever, whether the false pretense is of a past or subsisting fact or of a future fulfillment or 
event, obtain or attempt to obtain from any person within this State any money, goods, 
property, services, chose in action, or other thing of value with intent to cheat or defraud any 
person of such money, goods, property, services, chose in action or other thing of value, such 
person shall be guilty of a felony: Provided, that if, on the trial of anyone indicted for such 
crime, it shall be proved that he obtained the property in such manner as to amount to larceny 
or embezzlement, the jury shall have submitted to them such other felony proved; and no 
person tried for such felony shall be liable to be afterwards prosecuted for larceny or 
embezzlement upon the same facts: Provided, further, that it shall be sufficient in any 
indictment for obtaining or attempting to obtain any such money, goods, property, services, 
chose in action, or other thing of value by false pretenses to allege that the party accused did 
the act with intent to defraud, without alleging an intent to defraud any particular person, and 
without alleging any ownership of the money, goods, property, services, chose in action or 
other thing of value; and upon the trial of any such indictment, it shall not be necessary to 
prove either an intent to defraud any particular person or that the person to whom the false 
pretense was made was the person defrauded, but it shall be sufficient to allege and prove that 
the party accused made the false pretense charged with an intent to defraud. If the value of the 
money, goods, property, services, chose in action, or other thing of value is one hundred 
thousand dollars ($100,000) or more, a violation of this section is a Class C felony. If the value 
of the money, goods, property, services, chose in action, or other thing of value is less than one 
hundred thousand dollars ($100,000), a violation of this section is a Class H felony.
(b) Evidence of nonfulfillment of a contract obligation standing alone shall not establish 
the essential element of intent to defraud.
(c) For purposes of this section, "person" means person, association, consortium, 
corporation, body politic, partnership, or other group, entity, or organization. (33 Hen. VIII, c. 
1, ss. 1, 2; 30 Geo. II, c. 24, s. 1; 1811, c. 814, s. 2, P.R.; R.C., c. 34, s. 67; Code, s. 1025; Rev., 
s. 3432; C.S., s. 4277; 1975, c. 783; 1979, c. 7
I have attached a copy of the SPA/EPA Exempt Leave Report. People who do not get overtime do not report hours worked in a week. They claim leave time monthly based on the category of leave (Vacation, Sick, etc). 

I am copying the portion of the policy that addresses compensation time off for employees that are exempt from the Federal Labor Standards Act. You will note that if a person works more than 40 hours in a week during a peak period, they may take an agreed upon time off within 2 weeks with the approval of the supervisor.

"In exceptional circumstances, an employee, who is exempt from the FLSA and whose duties require work in excess of forty hours (or the corresponding number of hours for less-than-full-time employees) in a peak work period or on a special project, may, with approval of his or her supervisor, be allowed to a take an agreed upon amount of time away from work. This should occur in rare instances and only when the employee has put in extraordinary hours beyond their general work time. This time away from work should generally be taken within a period of two weeks after the peak work period or project is completed. 

Basically it looks to me like the photographers worked over the 40 hour standard and were granted compensatory time off but instead of reporting it as 'Other Management Approved Leave' they just didn't claim the greater than 40 hours when they worked it and then compensated for it in another week. You will note, there is no place on the timesheet to account for exceeding normal working hours. Also, the photographers are expected to attend every event regardless of hour. Meetings, sporting events, special events can take place at any time on any day."

It very much appears that UNCG's entire case against these 3 employees is entirely a hoax meant to put down efforts to bring rouge management in line. May the lawsuits and the firings of the Brady Bunch begin.