Massachusetts Federal Court Sides with Salaried Head Chef in Overtime Dispute with Former Employer

The vast majority of Massachusetts employees are entitled to overtime, even if they are paid a salary. The only employees who are exempt from overtime requirements are those who (1) are paid a salary of at least $684/week and (2) perform certain types of duties. Read more about overtime exemptions here.

On September 14, 2020, a Massachusetts federal court analyzed these two factors as it relates to a head chef. The court ultimately sided with the chef on the overtime issue and sent the case to trial. This is an important win for salaried employees in the restaurant industry.

Are Head Chefs Entitled to Overtime Pay Under Massachusetts Law?

Fabio Tomaz worked for MAX Ultimate Food, Inc. as a head chef from approximately June of 2003 to December of 2018. Max Food paid Mr. Tomaz an annual salary of $70,000 and did not pay him an overtime premium for working more than 40 hours in a workweek, something Mr. Tomaz did frequently. Mr. Tomaz filed suit seeking unpaid overtime, essentially claiming that Max Food improperly classified him as an exempt salaried employee in order to avoid paying him overtime. Max Food countered, claiming that Mr. Tomaz’s duties proved he was properly classified as a managerial employee.

The Court sided with Mr. Tomaz. In doing so, the Court noted that some facts supported the conclusion that Mr. Tomaz was properly classified as an exempt executive employee, including that he:

  • instructed other employees on the preparation and presentation of the menu;

  • specified the items to be used in the kitchen;

  • alerted kitchen workers to customer food allergies;

  • policed food safety and sanitary practice;

  • made work schedules;

  • had keys to mail room, liquor room, and the recycle-oil bin;

  • had a company credit card; and

  • earned a salary that, when converted to an hourly wage, was more than that earned by the hourly employees.

In response, the Court credited Mr. Tomaz’s argument that despite having the responsibilities listed above, his primary duty, the one he spent the most time on, was assisting in the preparation of food and packing food. This, the Court held, was sufficient to refute Max Food’s argument and to allow Mr. Tomaz to present his overtime claim to a jury.

This is an important win for salaried employees who work in restaurants or in the food industry. Employment lawyer Benjamin Steffans has considerable experience in helping misclassified salaried employees recover overtime they should have been paid. Contact us today for a free consultation to learn more.

Benjamin SteffansOvertime, Wage and Hour