Calvao, et al. v. Town of Framingham

This case is a federal class-action lawsuit commenced in 2005 by approximately 100 Framingham patrol officers alleging that the Town failed to appropriately compute and pay overtime wages as required by the Fair Labor Standards Act (FLSA), 29 U.S.C. §§201-219. The Town contends that it complied with the FLSA pursuant to payments made to the officers under the terms of the parties’ collective bargaining agreement. An important issue in this case is the proper work period to be used in calculating required overtime sums. The Town contends that at all relevant times it had an established 24-day work period whereby the officers were entitled to FLSA overtime only for time worked in excess of 147 hours over a 24-day work period, in accordance with a formula set forth under applicable federal Regulations. The officers have argued that the operative threshold should be 40 hours within a given week, such that they would be entitled to overtime pay for all hours worked in excess of 40 each week. The Town moved for summary judgment on this key issue early in 2008. On July 2, 2008, the Court issued an order that the Town had effectively established a 24-day work period under the FLSA. This decision represents an important victory for the Town, potentially saving it from substantial liability. This decision is under appeal before the First Circuit.