Former Boston ‘Duck Boat’ Tour Driver Sues for Allegedly Unpaid Overtime

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The operators of Boston’s iconic amphibious “duck boat” tours face a proposed class and collective action centered on allegedly unpaid overtime wages. 

The plaintiff, who worked as a driver and narrator for Boston Duck Tours from March 2017 to November 2019, alleges she and similarly situated workers regularly worked 48 hours or more per week without being paid proper overtime. Workers were instead paid at their regular hourly rates for hours worked past 40 each week, and not at the mandatory time-and-a-half hourly overtime rate, the eight-page suit claims.

According to the lawsuit, the defendants knew they were not properly paying employees for overtime work and, upon information and belief, had been previously sued or threatened with litigation over similar allegations of wage and hour violations yet “did nothing to correct their pay practices.”

The suit alleges the defendants’ overtime wage violations of the Fair Labor Standards Act and Massachusetts Wage Act were “willful.” 

In a statement to Law360, Boston Duck Tours’ CEO Cindy Brown said that the company follows all state and federal wage laws and is subject to overtime exemptions “given its unique regulatory and operational framework.”

“Boston Duck Tours disputes allegations to the contrary, as it has successfully done in the past,” Brown told Law360. “We pay very competitive hourly rates, generous season-end bonuses, safety bonuses, 80% of health/dental insurance for individuals and their families, a 401(k) program with historical matching, life insurance, long-term disability, anniversary bonuses, referral bonuses, spirit award bonuses, charitable giving match up to $1,000 per year per employee, and extensive industrywide perks.”

Defendants Boston Duck Tours, LP and general partner Seaweed, Inc. offer patrons tours of the city in amphibious World War II-styled vehicles that can travel from the street into the Charles River. 

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