Legal Question in Employment Law in Massachusetts

I work for a satellite installation company that pay's piece rate ( by the job ) and company insists you punch out for half an hour each day for lunch. However they over route technicians daily causing techs to end up with anywhere from 50 to 65 hours worked per wk, wich forces technician to work through that half hour and not actualy take a break. They say we should eat lunch while we drive to next job. In other words the time spent behind the wheel is our lunch break. Next issue, is back charging the technician. If the tech does a job and for any reason under the sun the customer needs a technician to come back out to customers house within 90 days the previous technician gets back charged $20.00. Even if the call back is for a defective reciever, customer caused, customer had new roof put on home and needs dish put back up, customer doesn't know how to use vcr, dog chewed on wire, anything at all the tech gets $20.00 taken from there paycheck. Is all of this legal, or do I have reason to seek further legal action.


Asked on 9/04/09, 10:06 pm

1 Answer from Attorneys
Jonathan Feigenbaum Phillips and Angley

You are suppose to be paid if you are working during your meal break. Massachusetts law requires a 30 minute unpaid meal break on any shift that lasts more than 6 hours. Mass Gen Law Chapter 149: Section 100. Hours of work without interval for meal; duration; violation of statute

"Section 100. No person shall be required to work for more than six hours during a calendar day without an interval of at least thirty minutes for a meal. Any employer, superintendent, overseer or agent who violates this section shall be punished by a fine of not less than three hundred nor more than six hundred dollars"

Assuming that you are suppose to be paid hourly a flat fee of $20 for a call back is not lawful.

Jonathan M. Feigenbaum

Phillips & Angley

One Bowdoin Square

Boston, MA 02114

' 617-367-8787

� 617-227-8992

[email protected]

www.erisaattorneys.com

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Answered on 9/10/09, 9:14 am


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