Field Service Engineer Represented by Nichols Kaster, PLLP Challenges Employer’s Exemption Classification and Seeks to Recover Overtime Pay

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On January 20, 2012, William C. Homesley filed a Fair Labor Standards Act Complaint in federal court against his current employer, Optos, Inc.

Nichols Kaster, PLLP
An employer cannot skirt its obligation to pay its employees overtime pay by simply sticking the word “engineer” in the job title.

On January 20, 2012, William C. Homesley filed a Fair Labor Standards Act Complaint in federal court against his current employer, Optos, Inc. Homesley has been working for the company as a “field service engineer,” for several years. His Complaint, filed on behalf of himself and other similarly situated employees, alleges that Optos, Inc. willfully denied him and other field service engineers overtime pay by classifying him as exempt from the FLSA’s overtime protections. Homesley was paid a salary and received no overtime compensation for his overtime hours. Optos, Inc. is a publicly traded company with its U.S. corporate headquarters located in Marlborough, Massachusetts. Optos, Inc. employs field service engineers all over the country. These field service engineers perform non-exempt manual labor, primarily installing, repairing, and maintaining retinal imaging devices manufactured by Optos.

Rachhana T. Srey, who represents Homesley stated, “an employer cannot skirt its obligation to pay its employees overtime pay by simply sticking the word “engineer” in the job title. The primary job duty of Optos’ field services engineers is to perform non-exempt work and therefore they should have been paid overtime pay for all the overtime hours they worked.”

Plaintiffs are represented by Rachhana T. Srey and Paul J. Lukas from Nichols Kaster, PLLP in Minneapolis, Minnesota, and Thomas W. Duffey from Keane, Klein & Duffey in Boston, Massachusetts.

The case was filed in federal court in the District of Massachusetts and is titled Homesley v. Optos, Inc., Court File No. 1:12-cv-10122

Additional information may be found at http://www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

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