Rutchada Devaney & others1Link to the text of the note vs. Zucchini Gold, LLC,2Link to the text of the note & another.3Link to the text of the note, 489 Mass. 514


HOLDINGS: [1]-The comprehensive remedial scheme provided by the FLSA for recovery of damages when an employer violates the Federal overtime law, 29 U.S.C.S. § 207, precludes an employee from alternatively pursuing remedies under the wage act, Mass. Gen. Laws Ann. ch. 149, § 148, for the untimely payment of overtime wages due solely pursuant to the FLSA, because awarding such state law remedies would conflict with the federal remedies provided in the FLSA, and because state laws were construed to avoid preemption if possible; [2]-As the jury instructions for the calculation of overtime wages under the FLSA contained a methodological error resulting in an award to plaintiffs of two and one-half times their regular rate, remand was required.