Court Dismisses Recordkeeping Claim in WHDH Wage Suit

A federal judge ruled that private employees cannot sue over FLSA recordkeeping violations, while allowing other wage claims to proceed.

Updated on Nov. 6, 2026 in Unions

Court Dismisses Recordkeeping Claim in WHDH Wage Suit

A federal court dismissed the recordkeeping count in a Fair Labor Standards Act lawsuit filed by three employees against WHDH-TV, Inc. The court allowed the minimum wage, overtime, and retaliation claims to move forward.

Why it matters

The ruling clarifies that enforcement of FLSA recordkeeping requirements rests solely with the Secretary of Labor, not private plaintiffs. It also holds that the claims are not barred by the collective bargaining agreement's arbitration requirements, which may affect how similar disputes are litigated in Massachusetts.

The order is a federal court ruling on a motion to dismiss, with three of four counts surviving and the recordkeeping count dismissed. Whether the surviving wage and retaliation allegations will succeed on the merits has not been decided.

The players

WHDH-TV, Inc.

WHDH-TV is a Boston television station operated by its parent company, which is the defendant in the suit.

IBEW Local 1228

IBEW Local 1228 is a local union of the International Brotherhood of Electrical Workers that represented the broadcast technicians under the collective bargaining agreement.

The details

The plaintiffs allege minimum wage, overtime, retaliation, and recordkeeping violations tied to work during a winter storm. The court found the CBA with IBEW Local 1228, which covered broadcast technicians and camerapersons from 2021 to 2025, did not contain a clear waiver of FLSA lawsuits.

2021 to 2025: WHDH-TV maintained a collective bargaining agreement with IBEW Local 1228.
October 28, 2026: The federal court issued the ruling dismissing the recordkeeping count.

Political Context

The decision reinforces the FLSA's structure, in which the Department of Labor, not private workers, enforces recordkeeping rules. Labor unions and employers in Massachusetts will look to this ruling as they assess how collective bargaining agreements interact with statutory wage claims.

Workers covered by collective bargaining agreements in Massachusetts can still bring federal wage claims even when their contracts include arbitration terms. The ruling does not decide whether the underlying minimum wage and overtime allegations are valid.

The takeaway

Union contracts do not automatically waive an employee's right to sue under federal wage law. Workers who believe they were underpaid should understand that recordkeeping violations alone may not support a private lawsuit.