Case Study 1: Overtime Violations in Massachusetts
Attorney Ben Steffans scores big in overtime violation case for group of loan officers based in Pittsfield, Massachusetts.
In 2014, Attorney Ben Steffans filed suit on behalf of a group of loan officers who were not paid overtime in violation of the Massachusetts Wage Act and the Fair Labor Standards Act. These employees were from Pittsfield and frequently worked upwards of 50-60 hours a week. They were paid a straight salary. Attorney Steffans convinced the federal judge that he should certify this claim as a nationwide collective action and provide notice to all loan officers nationwide who worked for this company. This victory resulted in four more plaintiffs joining the suit, bringing the total to eight.
The employer defended this suit by claiming that the employees were exempt from overtime coverage due to the administrative exemption. In order to succeed in this regard, the employer needed to establish that the employee’s primary duty was the performance of office or non-manual work directly related to the management of general business operations of the employer or the employer’s customers; and (2) that the employee’s primary duty included the exercise of discretion and independent judgment with respect to matters of significance.
The employer offered a meager amount of money to settle the case. That offer was rejected and the parties began discovery. The discovery period lasted over a year, and included Attorney Ben Steffans traveling with his clients to Texas for their depositions. Within 2 weeks of the conclusion of those depositions, the employer had offered Attorney Steffans’s clients a significant sum that they demanded be kept confidential.
Are you a resident of Pittsfield, Springfield, Worcester, Lowell, Fall River, New Bedford or the Cape? Are you working more than 40 hours in a workweek and not getting paid overtime? Contact Steffans Legal today for a free consultation.