(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

Cubicle Denizen’s OT Claim for Working Through Lunch OK’ed by Judges

Payroll is getting treacherous to administer.

In another in the line of worker-friendly payroll decisions, a recent Massachusetts Appeals Court case Vitali v Reit Management & Research LLC decided an employee’s claim for OT for working through lunch, should survive – summary dismissal reversed.

The employer had a policy requiring pre-authorization of overtime and encouraging people to take their lunch break. The employer had software for clocking in and out.

It is up to the employer, not the worker to tally actual work hours accurately, the Court said. The company software had a feature to override the default – out to lunch setting, but it was complex and little used.

The Fair Labor Standards Act requires proof that the employer knew – but the employee argued that sitting in her cubicle during lunch as people brought her work was evidence of knowledge. There was evidence that the company knew people were working through their lunch break – but getting no extra compensation for doing so.

COBB COMMENT – Workers wages haven’t risen so the rights they do have are being strictly enforced against employers.

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Charles W. Cobb

Attorney at Law


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Newton MA 02460

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ccobb@silverlakelegal.com

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(978) 979-1223

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