VERNON — A law firm representing four employees has won an appeal against Entergy, the company which owns the shutdown nuclear plant Vermont Yankee.
The decision, issued by the United States Court of Appeals for the Second Circuit on Monday, upheld the jury's finding that Entergy, "willfully violated the Fair Labor Standards Act by failing to pay its security shift supervisors overtime," a press release from the law firm Diamond & Robinson said.
The firm worked with Galanes Law for plaintiffs David Banford, Scott McGratty, Robert Miller and Gary Stratton, who were employed at the plant since 2009.
"They are part of a team that provides a front line defense to protect the plant against potential threats of radiological theft or terrorism," the press release said, adding that collectively they "worked more than 5,500 hours without being paid overtime by Entergy."
Companies are expected to pay overtime if employees work over 40 hours per week, according to law. This could be challenged if Entergy or any other employer could show that "specific job duties fall under narrowly defined exceptions to the law," Diamond & Robinson said.
The decision came after the U.S. Department of Labor had issued new regulations to increase salary requirements needed for an employer to avoid paying overtime under the Fair Labor Standards Act, the law firm's press release said.
"We respectfully disagree with the circuit court's ruling and are continuing to review the court's decision and evaluating our possible next steps," said Martin Cohn, spokesman for Entergy.
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