In the case of TerMorshuizen v. Spurwink Services, Inc., Sydney, and Patricia TerMorshuizen filed a complaint against Spurwink, a nonprofit mental health agency that provided services to individuals with disabilities. The complaint was regarding unpaid overtime wages.
The TerMorshuizens, who were employed by Spurwink, worked as a therapeutic couple in a residential treatment program. They were responsible for maintaining a safe and supportive environment, implementing treatment plans, and administering medication. They worked on a rotating two-week schedule, living on-site with the children.
Spurwink had a sleep time policy that compensated employees for interruptions that called them to duty to assist a client. The TerMorshuizens argued that they should also be paid for other client interruptions that affected their sleep but were not included on the timesheets. The court determined that under Maine law, the term “work” was not clearly defined, so it looked to federal law for guidance. The Fair Labor Standards Act (FLSA) and related regulations defined what constitutes work and provided criteria for compensating sleep time interruptions.
The court found that Spurwink’s sleep time policy was reasonable and in compliance with federal regulations. The TerMorshuizens were aware of and agreed to the policy when they were hired. The court concluded that Spurwink had met its burden of proof in demonstrating the reasonableness of its sleep time policy. Therefore, the court affirmed the judgment in favor of Spurwink, stating that the TerMorshuizens were entitled to overtime compensation only for interruptions during sleep time that required them to assist a client, for which they had already been paid.
Key lessons from this case:
- Maine courts may look to federal statutes, regulations, and case law for guidance when terms are not defined in state law.
- Employers may deduct sleep time from compensable hours if certain conditions are met, including reaching an agreement with the employee in advance.
- Employers and employees can enter into agreements that outline specific provisions for overtime pay, as long as the terms are reasonable and comply with applicable laws and regulations.
If you want to know more about overtime regulations, read our guide on Maine Overtime Laws.
