Case Studies
Work release inmates cheated out of overtime pay
The office filed a lawsuit on behalf of the inmates of the Cumberland County jail because when they were allowed to leave the jail on work release, their employer would issue them an “IOU" for their overtime work. The IOU’s could be used later for straight time pay on days in future weeks when they did not work up to 40 hours.
A class action was filed and successfully concluded with all class members being paid. The law is clear that an employer cannot issue IOU’s, but must pay time and a half and pay in cash and pay it within the week that the time is worked. Matthew Langevin v. Base Construction, Inc., et al., Civil Docket No. CV-00-499
Piece Worker Overtime Pay
A group of Hispanic workers in Milbridge, Maine, who processed sea cucumbers were ordered by their employer not to punch in until some time after they had begun working. Because they were piece workers, and not paid by the hour, they went along. However, we advised that even piece workers are entitled to overtime pay. A Fair Labor Standards Act case was filed as a class action in the United States Court in Bangor, Maine.
Later, overtime pay was voluntarily paid for each member. Ciro Hernandez, et al. v. Cherry Point Products, Inc., et al. Civil Docket No. 01-95-B-S.
Failure To Include Bonus
Several employees of a stove manufacturer showed that when their overtime pay was calculated, the substantial annual bonuses that they had earned had not been included in their “regular rate.” That caused them to have been underpaid for all of their overtime hours. That is because the overtime rate must be 1.5 the regular rate, not 1.5 the hourly rate.
There was disagreement as to whether the bonuses that had been paid were contracted for or were merely given out of generosity by the employer. However, the evidence from the employee’s side was that the employer had tried to motivate the quality and speed of their work by promising bonuses according to a certain formula at the end of each year.
The case involved a group of employees. The matter was thoroughly investigated and statements were taken from other former employees of the company. Success at trial seemed likely.
The employer settled, paid all of the back overtime due, plus attorney’s fees. The case went from start to finish in six months. See Jose _________ v. ABC Stove Company [name withheld].
Sexual Abuse Of Children
The office has represented youths who have experienced sexual abuse by priests and clergy of other denominations. For example, the office filed a lawsuit on behalf of [name withheld], a young man from Cape Elizabeth, charging a clergy member with sexually molesting the twelve year old boy in a church. The office conducted an aggressive investigation, retained a nationally prominent psychiatrist specializing in child molestation; made an aggressive public exposure of the event to the press; and filed a lawsuit in State Court. The result was a very substantial settlement well before trial satisfactory to the client and his family.