slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog

Overtime Pay for HVAC Technician

Overtime Pay for HVAC Technician
Al worked as an HVAC technician for a company that did a lot of work on public construction projects in Massachusetts, for which Al was supposed to be paid at prevailing wage rates.  

He was paid a salary and instructed by his supervisor to report an even 40 hours a week each week on his time card, even though he frequently worked more hours than that.

Al had certifications in HVAC repair, but the position did not require any kind of advanced degree, and he did not have one.  He did not supervise any other employees, or make decisions for the company outside of the repair and diagnostic decisions he was expected to make as a technician.

The employer, without explanation, stopped paying Al at the prevailing wage rate for a major public construction project.  Based on this and some other issues he had with his employment, Al looked for and found another job.  

When he gave his notice, Al informed his employer that the new employer had agreed to pay back a relocation bonus that Al had been previously given.  Nonetheless, the employer held back both Al's final paycheck and his accrued, unused vacation pay, claiming a right to do so to recoup the relocation bonus.

As a result, Al found himself suddenly without three weeks' pay, and no easy way to remedy the situation.  Though he started a new job shortly thereafter and resumed a steady income, the unilateral withholding of his wages created a hardship for him.

Overtime Law Solution

When we reviewed Al's records, it was clear he did not fit into any overtime exemption, and that he should have been paid for his additional hours, as well as prevailing wage for the public project.

The employer continued to rely on the time cards reflecting 40 hours a week.  However, on review of GPS records produced in discovery, we were able to demonstrate that Al was on the job much more than that.  After mediation, we were able to negotiate a settlement that compensated Al appropriately for his work.

Postscript

It is worth noting that Al might never have contacted a lawyer if the employer had not withheld his final paycheck.  Once that action triggered a call to an attorney, however, the additional compensation they had withheld throughout his employment became clear.

If you are in a similar situation, remember to tell your attorney all of the facts about your employment and compensation, even if you don't think they are relevant to whatever it was that caused you to call in the first place.  As with Al's situation, there are often other issues that can be discovered with a full review that can help get you the result that you want.

Need Help With an Overtime Pay Issue?

Call (781) 784-2322
OR
Schedule a Free Information Call

Just Looking for Information?

Massachusetts Independent Contractor Law
Request Our Free Report

How We Can Help

Non Compete and Unpaid Commissions MA employment lawyer
Unpaid commissions and non compete MA employment attorney slnlaq
Unpaid Commissions MA non compete lawyer slnlaw
We have years of experience helping people with wage and hour issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
Schedule a Free Information Call

Sharon MA

46 South Main Street
​Sharon MA 02067

(781) 784-2322
Serving Eastern and Central Massachusetts
Greater Boston Referral Resources
slnlaw solutions
Refer a Friend
slnlaw publications and interviews
​slnlaw privacy policy
Chester MA
26B Main Street
Chester MA 01011
(413) 667-2322
Serving Western Massachusetts
Western MA Referral Resources

Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog