A Massachusetts federal court has ruled that a failure to pay overtime compensation makes an employer liable under the Massachusetts Wage Act in the same manner—treble damages, attorneys’ fees and interest—as the failure to pay regular compensation. In Lambirth v. Advanced Auto, Inc., 2015 WL 6043710 (October 15, 2015) an automotive technician sued the employer after he was fired, claiming that there were many weeks where he worked over 40 hours but did not get time and a half, in violation of the Fair Labor Standards Act. The employer moved to dismiss the Wage Act claim, arguing that M.G.L. c. 151, § 1A, the so-called “Fair Minimum Wage Act” (“FMWA”), which requires employers to pay time and a half for hours worked in excess of forty hours per week, contained an exemption for a “garageman.” The Plaintiff’s suit did not include a claim under c. 151, § 1A, but the Employer argued that it was not the Legislature’s intent under the Wage Act to award treble damages for overtime to a position excluded by the Massachusetts statute.
The Court observed that “wage” is not defined in the Wage Act except to state that the definition includes holiday or vacation payments under an agreement, but that the Black’s Law Dictionary definition of “wage” is “