PORTLAND, Maine — A former employee of Richmond-based Shucks Maine Lobster has filed a lawsuit against the lobster processor, seeking allegedly unpaid overtime and class action certification.
Plaintiff Bunthoeun Perez, a Cumberland County resident, claims in the lawsuit she was not paid overtime or for her final day of work during a three-week period in May and June.
The lawsuit, filed in U.S. District Court against defendants including Shucks and its owner, John Hathaway, seeks to sue the company under federal law on behalf of Perez and other employees who worked in the company’s Richmond facility.
Hathaway, reached by phone Wednesday, declined to comment on the lawsuit. No attorneys for Shucks or other defendants have filed appearances in the case.
Andy Schmidt, the Portland attorney representing Perez, said he would ask to have the court grant Perez’s claims class certification and allow the wage violation allegations to move ahead on behalf of other Shucks employees as well.
The lawsuit claims that while Perez was paid a piece rate, based on the weight of prepared lobster meat, she was owed overtime pay under federal law.
Maine law includes an exemption to overtime requirements for employees of lobster processors while federal law does not have such an exemption. The lawsuit asserts that Shucks should be held to federal standards, stating the company engages in interstate commerce and has revenues of more than $500,000.
The lawsuit was filed against Shucks, contractors Ideal Global Solutions of Lowell, Massachusetts, and Casco Temp Agency LLC of Westbrook, along with the owners of each entity.
The lawsuit also asks the court to handle one claim under state law, alleging that Perez was not paid a final paycheck for her last day of work.