Court Rules Against Vermont Yankee In Overtime Case

May 26, 2016

A federal appeals court says Entergy Vermont Yankee violated the Fair Labor Standards Act when it failed to pay overtime to its security shift supervisors.

The 2nd Circuit Court of Appeals this week ruled in favor of four VY employees who said they were owed more than 5,500 hours of overtime pay.

David Banford, Scott McGratty, Robert Miller and Gary Stratton have been working as security shift supervisors since 2009.

The employees previously worked for a private security firm hired by Entergy, but they became employees of the owners of the Vernon reactor after VY moved its security services in house.

When they worked for Wackenhut Corporation they did receive overtime pay.

The security guards filed their original lawsuit in 2012.

Two years later a jury sided with the workers and ordered Entergy to pay the overtime.

In Februry 2015 the U.S. District Court backed up the original jury ruling.

Not only did the appeals court find that the company failed to pay its employees, but the ruling says Entergy willfully violated the law.

Lead counsel Joshua Diamond says  the ruling could bring the guards $535,000 in back pay.