BOSTON — A Massachusetts temporary employment agency recently settled a class action unpaid overtime lawsuit with several workers to resolve allegations the defendant failed to pay the plaintiffs for all their hours worked across several assignments, including overtime pay. The claim accused Employment on Demand Agency of not paying workers overtime when they spent more than 40 hours per week working between two different jobs, a violation of Massachusetts labor and wage laws if true.
The class action unpaid overtime lawsuit, filed in Bristol County Superior Court, claims Employment on Demand Agency violated the Massachusetts Temporary Workers Right to Know Law and the Wage Act which sets regulations on paying workers overtime for spending more than 40 hours per week on the job. According to reports, the lead plaintiff frequently worked above the overtime threshold at two locations, a fish processor and a car wash, but was never paid overtime wages.
The defendant in this case may have incorrectly assumed because the workers performed duties at two separate jobs, these individuals would only qualify for overtime if the employee worked more than 40 hours for one single company. However, because these workers were employed and paid by the temp agency, not the businesses where they went to work, all total hours at any job counted towards the 40-hour overtime threshold.
About 95 current and former temp workers for the agency will share in the $42,000 settlement which covers stolen wages from several years. Under state and federal laws, similarly situated workers may band together and bring class action and collective action lawsuits to recover unpaid earnings from employers engaged in systematic wage theft.
While every case is different, wage theft victims can generally recover up to three years of unpaid wages under federal law, with interest, when the wage theft is intentional. Additionally, courts may also award liquidated damages equal to unpaid earnings to reward the plaintiffs and punish the defendants to ensure other similar wage theft does not occur.
Temp Worker Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.