Case Study 2: Overtime Violations in Massachusetts
Attorney Ben Steffans recovers sizable amount for overtime violation for network engineers based in Worcester, Massachusetts.
In 2017, Attorney Ben Steffans successfully represented two network engineers who were not paid overtime in violation of the Massachusetts Wage Act and the Fair Labor Standards Act. These individuals resided in Worcester and worked for an employer based in Lancaster, working a considerable amount of hours on the Cape in Hyannis. They were paid a straight salary.
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. Ben responded by showing that the employees did not satisfy that test and that, as a result, the failure to pay them overtime violated the Massachusetts Wage Act and the Fair Labor Standards Act.
The employer quickly realized the error in its ways and within 45 days of receiving that letter, the employer had offered an amount equal to three times the value of the employees’ hours worked.
Are you a resident of North Adams, Chicopee, Worcester, Lawrence, 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.