Steffans Legal Files Suit in MA PFML Bonding Leave Claim and Unpaid Overtime Claim

Steffans Legal has filed suit in Middlesex County Superior Court on behalf of an operations manager for a landscaping company who was not paid overtime and who was fired shortly after taking bonding leave protected by the Massachusetts Paid Family and Medical Leave Act (MA PFML). Of note, prior to the leave, our client received positive feedback regarding his performance and was even slated to receive a large raise before he took protected medical leave. Weeks later he takes PFML bonding leave for the birth of a child and is fired for allegedly being a poor performer. Not good facts for the employer for sure. If successful at trial, our client will recover up to three times his lost wages and benefits, attorney’s fees, interest, and costs, as well as important other types of remedies.

In this case, we are also alleging that the employer violated the Massachusetts Overtime Act by not paying our client an overtime premium for all hours worked over 40 in a workweek. The employer claims it did not need to pay overtime because our client was paid a salary. We contend that our client was misclassified as a salaried manager as he spent the majority of his work day performing manual labor as opposed to managerial duties. If successful at trial, our client will recover three times his unpaid wages plus attorneys’ fees, interest, and costs.

We look forward to working with this father to vindicate his rights.

CAN MY MASSACHUSETTS EMPLOYER RETALIATE AGAINST ME FOR USING MA PFML FOR THE BIRTH OF A CHILD?

As we have discussed before, the MA PFML provides covered Massachusetts employees up to 12 weeks of leave to bond with a new child in the family. The MA PFML prohibits employers from retaliating against and/or terminating employees for using leave protected by the MA PFML. Learn more here.

I’M A SALARIED MANAGER SHOULD I BE PAID OVERTIME FOR HOURS WORKED OVER 40 IN A WORKWEEK?

That depends. In order to correctly classify an employee as a salaried manager under the executive exemption your employer must meet two requirements: (1) it must pay you a salary of at least $684/week and (2) the job must meet certain duties requirements, known as the “Duties Test.” In order to satisfy the Duties Test, the employee’s primary duty must be managing the business or a recognized department or subdivision of the business, the employee must customarily or regularly direct the work of two or more full-time employees, and the employee must have the authority to hire and fire other employees or have a significant say in the hiring or firing of other employees. An employer must meet the salary requirement and satisfy all elements of the Duties Test in order to properly classify an employee as salary and exempt from overtime. Learn more here.

If you are a Massachusetts employee and believe you have been retaliated against for using bonding leave protected by the MA PFML or believe you are owed overtime contact a Massachusetts employment attorney at Steffans Legal today.