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 SolutionWhen 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. PostscriptIt 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. |
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