Employees of SimpliSafe Inc. recently won a lawsuit they filed against the internet-based home security company. The lawsuit claims that the workers were owed premium pay for their work on Sundays at one of the company’s call centers in Boston.
According to Massachusetts General Laws, Chapter 136, Section 6(50), employers who have “a store or shop” with seven or more employees and engages in “the sale at retail of goods therein,” is obligated to pay non-exempt employees working at the store or shop a premium rate for the work performed on Sundays.
In the case, SimpliSafe argued that its Boston call center wasn’t “a store or shop” because the sale of retail goods didn’t occur there. According to the company, the call center didn’t qualify as a store or shop because it wasn’t open to the public and didn’t keep or sell merchandise at the location.
After closely looking at the plain meaning of the words “store” and “shop,” a Massachusetts trial court judge ruled that the call center indeed qualified as a retail store because goods were sold at the business establishment. According to the court, it would “not be logical in this technology-driven day and age” to require the full criteria of a brick-and-mortar store when deciding this type of issue.
SimpliSafe also tried to argue that the employees named in the lawsuit could not file a civil suit to recover Sunday premium pay. However, the judge rejected this argument and said that the employees could sue SimpliSafe under the Massachusetts Wage Act for failure to pay wages.
To learn more about the case of Galloway vs. SimpliSafe Inc., click here.
Speak to a Dedicated Wage & Hour Dispute Lawyer in Boston
Our dedicated legal team at Davis & Davis, P.C. is committed to helping workers recover all of the wages they are entitled to under the law. The ruling in Galloway vs. SimpliSafe Inc. sends a strong message to employers who operate call centers in Massachusetts. Hopefully, employers in the state will realize that call centers are no different from brick-and-mortar stores under the law, and therefore, are obligated to pay Sunday premium pay to employees.
Do you believe you are entitled to Sunday premium pay that your employer has failed to provide? Then don’t hesitate to give us a call today at (978) 228-2262 to set up your consultation with our seasoned legal professionals at Davis & Davis, P.C.