A health care company in Boston is being sued for employee time violations with respect to unpaid overtime and unused vacation. According to Open Media Boston, the former employee stated in his complaint that for three years he often worked more than 40 hours per week, but the company only paid a flat rate.
Under the Fair Labor Standards Act, as long as an employee is not classified as exempt, time-and-one-half must be paid as overtime compensation for any hours worked above 40. According to the report, the workers status was unknown, however, he was able to produce check stubs proving he was not paid for extra time worked and if he is classified as non-exempt, then this is a violation of the FLSA.
Additionally, the ex-employee states that after leaving the company, he was not paid for unused vacation time, although company policy dictated that the plaintiff should have been compensated for this as well. As a result of these claims, the Massachusetts Attorney General's Fair Labor Division office granted the employee the right to sue, and he is seeking to receive payment for overtime hours worked, in addition to unpaid vacation hours.
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