Our client was a restaurant owner who was faced with a lawsuit claiming that he did not properly pay overtime wages to a former employee. He was also accused of not paying for certain work time during the day, including break times. We came into the case after it was already pending and were forced to quickly work through the discovery process. We obtained and reviewed a variety of documents that allowed us to fully evaluate the restaurant’s record-keeping and pay practices. The case was filed in state court.
Result: We recognized the limit on overtime pay contained in Massachusetts law and filed a motion to dismiss that claim. When the plaintiff saw the motion, she recognized the weakness of her position and agreed to a favorable settlement that avoided for our client the cost of trial. He paid far less to resolve the suit than it would have likely cost to try and win it.