(978) 979-1223


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.

Get A Consult

Charles W. Cobb

Attorney at Law


320 Nevada Street Ste 301,

Newton MA 02460




(978) 979-1223

Silver Lake Legal Privacy Policy

This site was created using WordPress and uses Google Analytics to understand how posts are being received.

• This site has Google Analytics Advertising Features implemented involving Google Analytics cookies.

• Some of the ads you receive on pages across the internet are customized based on predictions about your interests generated from your visits over time and across different web-sites. This type of ad customization — sometimes called “interest-based” or “online behavioral” advertising — is enabled through various technologies, including browser cookies as well as other non-cookie technologies.

• Sliver Lake Legal has no policy or intent to use first and third party cookies together.

• Visitors can opt-out of the Google Analytics Advertising Features, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out).

• Users should also visit Google Analytics’ currently available opt-outs for the web.