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SWIFT v. AUTOZONE, INC.

441 Mass. 443 (2004)

JOSEPH SWIFT & another v. AUTOZONE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

April 13, 2004.

Attorney(s) appearing for the Case

Judith A. Malone (Robert G. Young with her) for the defendant.

Charles E. Tompkins, of the District of Columbia (Richard M. Gelb, Tamara R. Pizer & Herbert E. Milstein with him) for the plaintiffs.

Robert P. Joy & Robert P. Morris, for Associated Industries of Massachusetts & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

A judge in the Superior Court reported the following question to the Appeals Court, pursuant to Mass. R. Civ. P. 64, as amended, 423 Mass. 1410 (1996): "Under G. L. c. 136, [§] 6 (50),[2] and G. L. c. 151, [§] 1A,[3] may a Massachusetts employer offset or credit a Sunday premium payment it provides to an employee in any week toward overtime...

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