PORTLAND, Maine (AP) — The 1st U.S. Circuit Court of Appeals in Boston has kept alive a lawsuit by Oakhurst Dairy drivers seeking more than $10 million in an overtime pay dispute.
Plaintiffs sued in 2014 on behalf of 75 drivers, arguing Oakhurst Dairy and its parent company, Dairy Farmers of America, violated the Fair Labor Standards Act. The company contended overtime didn’t apply because of a Maine law exempting workers handling and storing perishable foods.
The appeals court on Monday favored the workers’ interpretation of the law, and rejected a partial summary judgment in Oakhurst’s favor.
Now there will be further proceedings.
The lawsuit contended the drivers worked an average of 12 overtime hours per week, per driver, for each year from 2008 through 2014.