June 15, 2015:
The Law Offices of Joshua N. Garick filed a Prevailing Wage Act Law lawsuit on behalf of employees who performed construction related services such as drilling, boring and exploration work for the Green Line Extension (“GLX”) project.
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O’Leary, et al. v. New Hampshire Boring, Inc., et al.
U.S.D.C., D.Mass, C.A. No. 1:15-cv-12335-DLC
The complaint alleges that New Hampshire Boring, Inc. contracted with the Massachusetts Bay Transportation Authority (“MBTA”) and the Massachusetts Department of Transportation (“MassDOT”) to supply services such as boring, drilling and other construction related services for the GLX project. Because this project was a public works construction job for the MBTA and MassDOT, the employees were required to be paid a “prevailing wage” that is set by the Massachusetts Department of Labor Standards in accordance with the Massachusetts Prevailing Wage Law (M. G. L. c. 149, § 27D). Instead, the Complaint alleges that the employees were paid approximately $35.00 per hour less than the wage they were required to receive. The complaint further alleges that the defendants failed to pay each employee overtime pay calculated at one and a half times the “prevailing wage.”
The plaintiffs seek $350,000.00 in damages, and the Complaint includes counts for violations of the Massachusetts Wage Act (M. G. L. c. 149, §148), violations of the Massachusetts Prevailing Wage Law (M. G. L. c. 149, § 27D), unpaid overtime wages, and quantum meruit. If successful, they are entitled to receive triple the amount of wages owed, plus attorneys’ fees, costs and expenses for having to file a lawsuit. The lawsuit is pending in the United States District Court for the District of Massachusetts before Magistrate Judge Donald Cabell.
The Law Offices of Joshua N. Garick, P.C. has extensive experience in employment disputes, including wage/hour claims such as unpaid wages, unpaid commissions, unpaid overtime, unpaid vacation time, minimum wage violations, tips violations and improper tip pools, anti-retaliation laws, and misclassification of employees/independent contractors. In most instances, Massachusetts law allows an employee who sues their employee three times the amount they are owed, plus attorneys’ fees and costs they incurred to file a lawsuit. This provides great incentive for an employee to vindicate his or her rights when an employer violates the law by failing to compensate its employees for their hard work. If you have questions or concerns about the payroll practices of your employer, please contact us to discuss your legal options.