![]() ![]() ![]() Lane Bryant argues that Goodrow was exempt from the overtime provisions of G.L.c. 443 (1993) (Kennedy, J., concurring), and thus would be constitutionally impermissible. To do otherwise absent evidence of heightened culpability would very likely constitute an "arbitrary or irrational deprivation of property," TXO Prod. We find nothing in the record to support a finding that Lane Bryant intentionally or wilfully violated Massachusetts law or that its conduct was "evil in motive" or showed a "reckless indifference to the rights of others," and we therefore decline to award treble damages. In the instant case, the judge found that, in light of the uncertainty of the state of the law in Massachusetts and the fact that Lane Bryant relied on the advice of counsel and followed law and procedures apparently sanctioned elsewhere, there was "no legal or equitable basis" on which to impose multiple damages. ![]() Punitive damages may be awarded for conduct that is "outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others." Dartt v. 805, 813 (1991), and are ordinarily applied by the Legislature "against those defendants with a higher degree of culpability than that sufficient to ground simple liability." See Kansallis Fin. Technical Communications Corp., 410 Mass. They are allowed only when expressly authorized by statute, Flesner v. Multiple damages such as the treble damages at issue here "are `essentially punitive in nature.'" Fontaine v. ![]()
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