LEWISTON – Two former employees of the YWCA are suing the Lewiston organization for back overtime wages.
Suzanne Fyfe worked at Young Women’s Christian Association of Central Maine for more than 20 years, most recently as the director of children’s services. Claire Gagnon served as the organization’s financial director for six years.
Both women claim that their jobs often required them to work more than their scheduled hours.
“Neither was paid for any time worked over 40 hours a week, at either straight time or time and a half,” the lawsuit alleges.
According to the suit, the YWCA claimed that the women were salaried employees, which made them exempt from Maine’s overtime laws.
The women argue in their suit that they deserved overtime pay, despite their titles and their salaried status.
Their attorney, Rebecca Webber of Auburn, said a person who holds an administrative title can only be exempt if he or she has discretion to make decisions on their own. That was not the case with Fyfe and Gagnon, Webber said.
Although Fyfe held the title of director of children’s services, her job involved other duties, such as making bank deposits, answering the phone and photocopying. As financial director, Gagnon emptied trash cans and helped with child care.
“Both employees and employers are under the misconception that if you put someone on salary, that’s the end of it. You don’t have to worry about overtime. That’s not true,” Webber said.
According to the suit, Fyfe, who lives in Auburn, and Gagnon, who lives in Lewiston, asked for the back wages when they resigned in June, but the YWCA refused. The women are seeking the full amount of their wages for hours worked in excess of 40 a week, at a rate of time and a half.
Both women also claim that they accrued large amounts of unused vacation time. According to the suit, they weren’t offered payment for that time until they hired an attorney. At that point, the women claim, the YWCA agreed to negotiate, but it has refused to pay their attorney’s fees or any amount of interest.
As a result, the women are also seeking the full amount of their accrued vacation time, a reasonable rate of interest and an additional amount equal to twice the amount of those wages.
Jeanne McLaughlin, the director of the YWCA, said she couldn’t comment on the lawsuit because it involves confidential personnel matters. In addition, McLaughlin said, the allegations predate her time at the YWCA.
Since McLaughlin took over as director last fall, the organization has been working to cut costs and get out of debt.
In 2000, members learned that the 125-year-old nonprofit had spent its endowment and was running a deficit of more than $200,000. Critics said fund-raising efforts were ineffective and the YWCA lacked the focus to succeed.
Since then, officials have worked to bolster core services while trimming other areas of the $1 million budget.
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