Salerno v. Baystate Ford, Inc.

Gordon, RobertB., J.

This is awage and hour class action lawsuit brought by car mechanics against the automobile dealerships that currently employ or formerly employed them. Plaintiffs’ claim in Count I of the First Amended Complaint (the “Complaint”) alleges that their compensation arrangement with the Defendants required them to work a substantial number of hours without pay, in violation of the Massachusetts Payment of Wages Act, G.L.c. 149, §148 (the “Wage Act”). Presented for decision is the Defendants’ Rule 12(b) (6) Motion to Dismiss for Failure to State a Claim.

FACTUAL BACKGROUND1

The…