Wage and Hour Division (WHD)

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BOSTON -- The U.S. Department of Labor has sued Farrington Associates, Inc., of Waltham, Mass., for alleged violations of the overtime pay provisions of the federal Fair Labor Standards Act (FLSA).

"Both this action and our new Overtime Security rules reflect our commitment to protecting overtime rights, " said Secretary of Labor Elaine L. Chao. "These employees weren't receiving their rightful pay and we are taking action to restore overtime back wages to them. Overtime rights will be further strengthened by our new Overtime Security rules, which increase pay protections for millions of workers by updating and clarifying the old regulations."

An investigation by the Labor Department’s Wage and Hour Division found that employees called “field test engineers” were not paid overtime while working on testing the traffic systems that are a part of Boston’s “Big Dig” construction project.

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

The Department’s suit alleges that the eleven 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.

The Labor Department lawsuit, filed in the U.S. District Court for the District of Massachusetts on November 19, 2004, asks the court to prohibit Farrington Associates, Inc., from future violations of the FLSA and to order the company to pay the employees all due overtime back wages, plus an equal amount in liquidated damages.

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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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.