Wage and Hour Division (WHD)

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BOSTON -- Farrington Associates Inc., Waltham, Mass., has agreed to pay 11 employees a total of $83,002 in overtime back wages and liquidated damages to settle a lawsuit filed by the U.S. Department of Labor alleging violations of the federal Fair Labor Standards Act (FLSA).

According to the Wage and Hour Division’s Boston District Director Corey Surett, the company contended that these employees were exempt from coverage under the FLSA’s overtime provisions. “However,” said Surett, “our investigation found that the job duties these workers performed did not qualify for an exemption from the overtime requirements of the law.” He noted that the alleged violations began in May 2002.

The department’s suit, filed in the U.S. District Court for the District of Massachusetts November 19, 2004, alleged that the 11 employees misclassified by Farrington Associates were often required to work more than 40 hour workweeks, but were not properly compensated for the hours over 40.

The FLSA requires that covered employees be paid at least the applicable minimum wage as well as one and one-half times their regular rate of pay for hours worked over 40 per week. The Act also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.

A judgment, agreed to by the parties and signed by U.S. District Judge Richard G. Stearns on August 23, 2005, prohibits Farrington Associates from future violations of the FLSA and orders the company to pay the 11 employees $41,501 in back wages and an equal amount in liquidated damages, plus interest, according to an installment payment plan. The final payment is due July 15, 2006. Farrington Associates agreed to entry of the judgment without admitting liability.

The Boston District Office of the Wage and Hour Division conducted this investigation and the department’s lawsuit was filed by the Regional Solicitor’s Office in Boston. For more information about the provisions of the FLSA, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243), or contact the Boston office at (617) 624-6700. Information is also available on the Internet at www.wagehour.dol.gov.

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