A trial team of Jenifer M. Pinkham and Diane M. Kildea of Phifer Pinkham, LLC secured a victory for their clients, a local insulating Company and the Company’s owner, against a former employee seeking payment of alleged unpaid wages. The ex-employee claimed that he was not paid the for time traveling in the Company truck to and from jobsites and for work performed after returning to Company headquarters at the end of the day. Pinkham and Kildea argued that the ex-employee self-reported his hours and that the Company paid him for all of the hours he reported. Pinkham and Kildea introduced evidence that the ex-employee’s travel in the Company truck was voluntary, not mandatory; and, therefore, not compensable working time. Pinkham and Kildea also elicited testimony that the ex-employee was not required to perform any work at headquarters at the end of the workday. Ultimately, Pinkham and Kildea convinced the jurors to completely reject both his claim of unpaid wages and his claim that suffered adverse employment action pursuant to the Massachusetts wage and hours laws.
