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An employee of Boston’s iconic duck boat tour recently filed a class action lawsuit alleging unpaid overtime wages and other violations.
According to Stacey L., she and other duck boat drivers and “narrators” regularly worked over 40 hours in a single week. Despite these increased hours, employees were allegedly denied overtime wages.
“Defendants knew they were not properly paying their employees overtime wages,” the Boston duck boat unpaid overtime class action lawsuit contends. “In fact, on information and belief, defendants have previously been sued or threatened with suit, for similar wage violations, but did nothing to correct their pay practices.”
In Boston, the duck tours are an iconic tourist attraction, allowing visitors to take a scenic tour through the city aboard water-to-land vehicles similar to those used during World War II. Workers like Stacey are reportedly responsible for providing these guided tours, driving the vehicles and narrating the tours to guests.
While working for Boston Duck Tours from March 2017 to November 2019, Stacey was allegedly denied overtime pay despite working at least 48 hours over four or more 12-hour shifts each week. Although Stacey and other workers were regularly clocked in for more than 40 hours a week, they were allegedly met only with unpaid overtime wages.
Instead of providing time-and-a-half overtime wages, Boston Duck Tours allegedly paid workers their regular rate of pay for time worked beyond 40 hours a week.
“Defendants willfully deprived Plaintiff and other similarly-situated employees’ wages to which they were entitled,” the Boston Duck Tours unpaid overtime class action lawsuit argues.
Stacey argues this unpaid overtime violated both federal and state laws.
In her unpaid overtime class action lawsuit, Stacey brings claims under the Fair Labor Standards Act (FLSA) on a collective of Boston Duck Tours employees who were denied overtime wages within the last three years. She also brings claims under Massachusetts’ Wage Act on behalf of a Class of hourly Boston Duck Tours employees in the state.
According to Stacey, these employees are owed backpay of unpaid overtime, along with other damages. The plaintiff seeks certification of her proposed Class and collective in order to streamline the claims against Boston Duck Tours and seek compensation for a larger group of aggrieved employees.
Boston Duck Tours has denied any wrongdoing, maintaining their “unique regulatory and operation framework” exempts them from unpaid overtime penalties under both state and federal laws.
In a statement to Law360, Boston Duck Tours CEO Cindy Brown — one of the defendants in the case — said the company pays its workers competitive wages in addition to time and a half and double time in certain situations.
Were you denied overtime wages by your employer? Tell your story in the comment section below.
Stacey and the proposed Class are represented by Nicholas J. Rosenberg and Josh Gardner of Gardner & Rosenberg PC.
The Boston Duck Tour Unpaid Overtime Class Action Lawsuit is Stacey L. v. Boston Duck Tours LP, et al., Case No. 1:21-cv-10003, in the U.S. District Court for the District of Massachusetts.
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