Donald F. Fontaine : Attorney at Law
Phone

97 India Street 
Portland, ME 04101 
dff@fontainelaw.com 


Author Archive

Granite Bay Care Jury Finds Owners Liable for Overtime Pay Along With the Corporation

Sunday, November 10th, 2013

On November 8, 2013, a federal jury found that the owners of Granite Bay were responsible for the failure of Granite Bay to pay their “Adult Foster Care Providers” overtime pay. In June, 2013, after the Court found the Company itself liable for six years of back pay under the State law, Granite Bay would not give up and pay.

We wrote the following description of the status and what the future would hold:

If Granite Bay does not pay immediately, then the rest of the case will be tried in court with respect to the federal claim and whether the owners, Mr. Mumpini and Ms. Aliciea, will be personally liable in addition to the liability of the company they own, Granite Bay Care.

This is what happened last Friday. In addition, the jury rejected the Company’s arguments that the employees were really “independent contractors” and that they were exempt under the Fair Labor Standards Act because they allegedly worked in private homes. The jury said the the “homes” were not private homes, but Granite Bay’s places of business. The jury verdict was unanimous.

 



Class Action Filed Against Getchell Agency

Friday, July 26th, 2013

Our office has recently filed a class action suit against Getchell Agency, Inc, on behalf of  two former employees of the Bangor business, which provides residential and support services to people with physical, emotional and cognitive disabilities. These dedicated caregivers were forced to sleep on couches in the living room, on the floor, and in rooms together with co-workers of the opposite sex.  They often had to give care to their needy charges for hours in the middle of the night without any compensation.

According to an investigation conducted this Spring by the Wage and Hour division of the U.S. Department of Labor, nearly 100 employees were deprived of in excess of $500,000 in back wages and did not have private sleeping quarters. Although employees were on duty 24 hours a day, they were only paid for 16 hours.

The rules are clear: all hours that people work must be paid, even overnight hours, unless a private bedroom is provided and the workers agree to what nighttime hours do not need to be paid.

See the recent write-up about the case in the Bangor Daily News.

Download (PDF, 71KB)




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