Maine residential service business sued for overtime violations

Former employees of Getchell Agency Inc., a Maine business that provides residential services to people with physical, emotional and cognitive disabilities, have filed a lawsuit charging that the company failed to pay over 100 employees overtime wages. The two lead plaintiffs in the suit, Kristopher Saunders and Cory A. Scribner, allege that owner Rena Getchell and her company violated the Fair Labor Standards Act by insufficiently maintaining time and attendance records, according to Mainebiz.

The former workers claim that after working 24-hour days, they were only compensated for 16 hours of work. If a company provides workers with a private sleeping area and the workers agree that time spent sleeping on the premises does not count toward overtime pay, then the practice of keeping workers on site for 24 hours is viable. They are seeking nearly $500,000 in back pay resulting from undocumented hours worked and an improper record-keeping system.

This lawsuit follows a 2010 settlement during which the Department of Labor cited the company for violating overtime pay regulations. The previous litigation resulted in Getchell paying 88 employees $130,000 in back wages and agreeing to comply with FLSA provisions governing federal time and attendance policies.


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