The HomeWorks Energy lawsuit is a federal wage-and-hour class and collective action brought by a former field technician who alleges the Medford, Massachusetts energy-efficiency contractor underpaid overtime and illegally docked workers’ paychecks. Filed in February 2021 as Giguere v. HomeWorks Energy, Inc. in the U.S. District Court for the District of Massachusetts, the case remains active as of mid-2026, with no settlement, trial, or dismissal on the docket.1Court Listener. Giguere v. Homeworks Energy, Inc., 3:21-cv-30015
What the Lawsuit Alleges
Lead plaintiff Joseph Giguere, a former crew lead and technician, filed suit on February 5, 2021, after the Massachusetts Attorney General’s Fair Labor Division authorized him to pursue civil wage claims on behalf of similarly situated workers.1Court Listener. Giguere v. Homeworks Energy, Inc., 3:21-cv-30015 The amended complaint makes three core allegations.
First, that HomeWorks Energy failed to include “incentive payments” — bonuses tied to installation revenue — when calculating employees’ regular hourly rate for overtime. The Fair Labor Standards Act requires overtime at one and a half times the full regular rate, which includes most bonus compensation. Leaving those bonuses out, the complaint alleges, systematically shorted workers on every hour they worked past forty in a week.2Hayber Law Firm. Giguere v. HomeWorks Energy, First Amended Complaint
Second, that the company docked paychecks through a “disincentive” policy penalizing workers for customer complaints, tools left at job sites, and other performance issues. The Massachusetts Wage Act generally bars employers from clawing back wages already earned as a form of discipline.2Hayber Law Firm. Giguere v. HomeWorks Energy, First Amended Complaint
Third, that HomeWorks did not pay all wages owed to employees on the date they separated from the company, another Massachusetts Wage Act requirement.3Hayber Law Firm. Giguere and Others Unpaid Wages Lawsuit
Who Is Being Sued
The suit names three defendants: HomeWorks Energy, Inc. as the corporate employer, company president Martijn Fleuren, and treasurer Max Veggeberg. Fleuren and Veggeberg are sued in their individual capacities because Massachusetts wage law treats a corporation’s president and treasurer as “employers” who can be personally liable for wage violations. The complaint alleges both had the power to hire and fire workers, set schedules, and determine rates and methods of pay, and it argues their decisions were “the direct cause of failure to pay wages,” including the exclusion of incentive pay from overtime and the enforcement of the disincentive deductions.2Hayber Law Firm. Giguere v. HomeWorks Energy, First Amended Complaint
Who Is Covered
On July 25, 2022, Judge Mark G. Mastroianni granted conditional certification of a collective action under the FLSA. The certified group covers all current and former Technician I, Technician II, and Crew Lead employees of HomeWorks Energy from February 5, 2018 through the date of final judgment. In granting certification, the court found the plaintiff had shown the proposed class members “were together the victims of a single decision, policy, or plan that violated the law.”1Court Listener. Giguere v. Homeworks Energy, Inc., 3:21-cv-30015
After certification, the court approved a notice and opt-in process, and additional workers filed consent forms to join throughout 2022. The docket does not specify a final count of opt-in plaintiffs.1Court Listener. Giguere v. Homeworks Energy, Inc., 3:21-cv-30015
What Workers Could Recover
The case rests on two legal foundations. The federal claims arise under the Fair Labor Standards Act. The state claims arise under the Massachusetts Wage Act, specifically M.G.L. c. 149 §§ 148 and 150.
The Massachusetts statute is what gives the case its financial teeth. If a plaintiff prevails, it requires an award of treble damages — three times the amount of lost wages and benefits — plus attorneys’ fees and litigation costs.4General Court of Massachusetts. General Laws, Chapter 149, Section 150 The complaint also argues that the underlying FLSA overtime miscalculation is itself a Wage Act violation, because wages were not paid in full and on time, a theory Massachusetts courts have recognized in prior cases.2Hayber Law Firm. Giguere v. HomeWorks Energy, First Amended Complaint
Where the Case Stands Now
As of June 2026, the case has not settled, gone to trial, or been dismissed. The docket remained active with a filing on June 15, 2026, and transcript redaction deadlines extend into September 2026.5PACER Monitor. Giguere v. Homeworks Energy, Inc. et al Judge Mastroianni is presiding, with Magistrate Judge Katherine A. Robertson also involved. Giguere is represented by Raymond E. Dinsmore III of Hayber, McKenna & Dinsmore. The defendants are represented by Douglas J. Hoffman and Keerthi Sugumaran.1Court Listener. Giguere v. Homeworks Energy, Inc., 3:21-cv-30015
Workers who held Technician I, Technician II, or Crew Lead positions at HomeWorks Energy from February 2018 forward fall within the certified collective and may still be eligible to participate as the case proceeds.