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What MA employers can learn from state police overtime scandal

September 2021 employment law letter
Authors: 
Amelia J. Holstrom, Skoler, Abbott & Presser, P.C.

In 2017, news broke that several Massachusetts State Police officers had collected hundreds of thousands of dollars in overtime pay for work they never actually performed. Since then, several have faced criminal charges and pleaded guilty, and others have settled civil lawsuits agreeing to pay significant restitution. In fact, in July, six more officers agreed to pay damages in the amount of $94,000 to settle a civil lawsuit. While the episode is an egregious example of wage theft, it serves as an important reminder for employers about overtime and three questions they often ask.

Overtime FAQ

Can we fire someone for falsifying a time sheet? Yes, you can terminate employees who make false claims on their time sheets. First, you should conduct a thorough investigation into the potential falsification and reach a conclusion based on the evidence. If you conclude the charge is true, you can proceed with the firing.

Be sure to include a statement in your company handbook indicating the falsification of any document, including a time sheet, will result in disciplinary action up to and including termination.

Can we require people to get permission to work overtime? Yes, you can institute a policy requiring employees to get permission from their supervisors (or someone else in management) before working overtime. If you adopt the policy, you should consistently enforce it. In other words, when someone violates the policy, the discipline issued should be the same across the organization.

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