Employment Law Blog

18

Aug2016
Beginning on December 1, 2016, nearly 5 million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s.  Currently, executive, administrative and professional employees earning a salary of more than $23,660 ... Read More

20

Apr2015
An inconsistency between Massachusetts’ real estate statue and Massachusetts’ independent contract statute prompted plaintiffs to bring an action against the real estate companies they worked for. Plaintiffs argued they were improperly classified as independent contractors paid on a commission only basis, despite their employer exerting the type of direction and ... Read More

15

Apr2015
Employees at Dunkin’ Donuts have taken issue with their restaurant’s ‘no-tipping policy.’ Employees sued Dunkin’ Donuts on the grounds that the no-tipping policy and the implementation of that policy and it’s enforcement violates the Massachusetts Tip Act. G.L. c. 149 § 152A. The Tips Act provides in part that “no employer ... Read More

31

Mar2015
Massachusetts overtime law (G.L.c. 151, §1A) requires employers to pay their employees a rate no less than one and one half their regular rate after working longer than forty hours in one week. There are several exceptions including workers employed in a hotel, motel, motor court or like establishment, and ... Read More

23

Mar2015
Under the Massachusetts Tips Act, employees are afforded the protection to receive the benefit of tips or gratuities paid to them by customers during the course of their employment. The statute also helps by ensuring customers that any tip or gratuity will be for the benefit of the employee to ... Read More

18

Mar2015
Where a collective bargaining agreement requires wage claims to be arbitrated, the agreement to arbitrate is enforceable so long as relief can be provided within the collective bargaining agreement process. Under Section 301 of the Labor Management Relations Act, when §301 pre-empts a plaintiff’s Massachusetts Wage Act claim, that claim must ... Read More

09

Mar2015
A class action may be maintained if, among other things, the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. ... Read More

06

Mar2015
Under the McNamara O’Hara Service Contract Act, employee plaintiffs have no private right of action against defendant employers for alleged failure to pay prevailing wages. In a recent case heard by the United States District Court for the District of Massachusetts, and in despite of plaintiff’s allegations that the Service Contract ... Read More

26

Feb2015
In Massachusetts, all employees are protected against wrongful termination under what is commonly known as the public policy doctrine. As explained by the Supreme Judicial Court, the doctrine provides a remedy to an at-will employee who is “terminated contrary to a well-defined public policy.” The remedy “is available for employees who ... Read More

17

Feb2015
Under Massachusetts Law, employees who work more than six hours a day must be allowed at least thirty minutes unpaid time for a meal. A violation of the meal time provision is subject to fines between $300 and $600. Employees are entitled to meal time compensation if their movement is restricted ... Read More