ARTICLE 1 - Town of Natick

Article 4 Cont’d
PUBLIC STATEMENT REGARDING FINAL JUDGMENT
ON FLSA LITIGATION
On June 15, 2009 the U.S. District Court of Massachusetts issued a final judgment in
Case No. 04-11996 RGS on the matter of the Natick Patrol Officers and the Natick
Superior Officers against the Town of Natick. This matter was originally filed in
September, 2004.
This case involves over 60 current and former patrol officers and superior officers who
are present or former employees of the Town of Natick. The Plaintiffs seek payment of
statutory overtime alleged to be due under the Fair Labor Standards Act of 1938, 29
U.S.C. §201, et seq., (“the FLSA”), as amended. The Plaintiffs alleged willful violations
of the FLSA, including:
1. Failure to include multiple wage augments that the Plaintiffs receive in
calculating the regular rate and the FLSA overtime rate;
2. Failure to pay superior officer Plaintiffs at the applicable rate under the FLSA
for principal work duties as superior officers that immediately precede or
follow the hours of their regular shift; and
3. Failure to pay all Plaintiffs at the applicable overtime rate under the FLSA for
time spent working on so-called “Town” details.
The Plaintiffs sought both retrospective and prospective damages, specifically the
Complaint sought back pay from September 15, 2001 to the present as well as changes in
the way the Officers are paid going forward. In addition, the Complaint sought liquidated
damages, attorney’s fees and costs.
In the fall of 2006 the parties filed Motions for Summary Judgment, asking the Court to
rule on the various issues. On September 25, 2007, the Court ruled as follows:
1. Plaintiffs are entitled to have all wage augments included in their regular rate
of pay, with the exception of the in-service training differential.
2. Plaintiffs are entitled to overtime for performing “Town Details” which the
Court identified as details on behalf of the Town Recreation Department, the
Department of Public Works, and the High School.
3. Superior Officers (sergeants and lieutenants) are exempt from the FLSA
overtime provisions.
4. Detectives are not exempt.
5. Plaintiffs eligible for overtime are entitled to liquidated damages.
6. The Town is entitled to credit the premium portions of all contractual
overtime payments on a cumulative basis towards FLSA payments owed.
7. The parties were to calculate the amount owed to each Plaintiff under the
Court’s rulings and submit a proposed form of final judgment.
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