Employment Law Blog

12

Dec2014
A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award.   “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated ... Read More

09

Dec2014
Unfortunately, employees seeking unpaid wages based on a misclassification as an independent contractor, occasionally have to deal with unruly employers who bring counterclaims against their employees. Fortunately there are legal protections employees can utilize to discourage this type of employer’s behavior. In a recent case an employer brought counterclaims alleging interference ... Read More

04

Dec2014
$9.00. As of January 1st 2015, this will be the new minimum wage in the State of Massachusetts. The commonwealth has instituted an aggressive minimum wage initiative to raise the minimum wage $1.00 each year to ultimately reach $11.00 an hour as of January 1st 2017. The minimum wage rate applies ... Read More

29

Nov2014
Unemployment benefits are typically reserved for employees who involuntarily leave work. A specific exception is made for employees who leave work voluntarily if the employee "establishes by substantial and credible evidence that he had good cause for leaving attributable to the employer.” A recent case found that an employee who quit ... Read More

24

Nov2014
The Massachusetts Wage Act affords aggrieved employees the ability to sue their employers and recover for an employer’s failure to pay wages to which the employee was entitled. The Supreme Judicial Court recently address the issue of whether an employee may also seek reinstatement under the Wage Act.  The employee alleged ... Read More

19

Nov2014
Here is another installment to help employees recognize whether they are receiving all of their hard earned tips. Under Massachusetts law, only three classes of employees are eligible to receive and share tips: 1) wait staff; 2) service employees; and 3) service bartenders. Massachusetts' courts are largely concerned about the ... Read More

17

Nov2014
Time and time again, businesses misclassify employees as independent contractors. It is always important to scrutinize the relationship to ensure you are not missing out on monetary damages, worker’s compensation coverage, payroll tax contributions and overtime wages. In this appeal to the Massachusetts’s Appeals Court for unemployment compensation, the court affirmed ... Read More

13

Nov2014
The Fair Labor Standards Act provides for overtime pay protections for certain employees. ‘Highly compensated employees,’ as defined by the act, are exempt from this protection. The First Circuit tackled the issue as to whether a regularly administered $1,000 stipend paid to employees qualifies as paying employees on a salary ... Read More

08

Nov2014
Employees paid a per diem stipend may be owed overtime pay for hours worked in excess of forty hours a week. The First Circuit Court of Appeals held in favor of employees whose per diem stipend was calculated and prorated based on the number of hours worked each week. The Fair ... Read More

03

Nov2014
Women face many different struggles during pregnancy including discriminatory practices by their current and future employers. Refusing to be hired by an employer may be an unlawful practice as examined in a recent case heard in United States District Court for the District of Massachusetts. A pregnant woman has certain rights ... Read More