One man working outside Massachusetts believes the overtime hours he has worked have been paid at the wrong rate per hour. He maintains that the state in which he works has violated wage and hour laws, which has resulted in him being shorted quite a large sum of money. His case has been filed as a class action lawsuit, and it has recently been moved to a federal court.
The plaintiff worked as a security counselor at a hospital for 33 years. During his tenure, he has worked so much overtime that he was recently featured in a newspaper article because of the amount of time he spends at work. On average, the plaintiff claims he works between 70 and 90 hours per week. Although the plaintiff works far more hours than the average employee, he claims that thousands of other workers could possibly have been shorted on their overtime pay.
According to his complaint, employees are paid a 65-cent premium for the hours they work in the late evening and early morning. The plaintiff alleges that the state is not taking these rates into consideration when calculating overtime. Instead, employees are paid overtime based on their hourly rates minus the 65-cent premium.
If the rates were in fact paid at the wrong rate, tens of thousands of state workers could be affected. Due the sheer amount of overtime the plaintiff works each week, this potential violation of wage and hour laws could result in him being owed an average of $100 per week. In many instances, unpaid wage claims are the result of employers failing to pay overtime; however, Massachusetts workers who believe their employers have underpaid their overtime have the right to file claims.
Source: kstp.com, "Hospital Worker Sues State, Claims Minn. Shortchanging Employees' Overtime Pay", Stephen Tellier, Oct. 22, 2015