Work & The Law

Understanding Commission Protections Under the Massachusetts Wage Act

As an employee who receives commissions, it is important to understand your rights and protections under the Massachusetts Wage Act. The Wage Act provides various protections to employees in Massachusetts, including provisions related to the payment of commissions. What is the Massachusetts Wage Act? The Massachusetts Wage Act is a state law that governs the payment of wages and other

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Unpaid Vacation Class Action

On September 12, 2023, Attorney Shafran filed a class action suit (Unpaid Vacation Time) on behalf of former corporate employees of Dunkin’ brands alleging that Dunkin’ violated the Massachusetts Wage Act, G.L. c. 149, § 148, as a result of a company-wide policy pursuant to which it failed to pay all accrued and unused paid time off to employees based

Read More »

Massachusetts Prevailing Wage Act Is Not Preempted By Federal Law

The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument

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Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

A U.S. District Court judge has denied a motion to dismiss a Virginia-based employee’s Massachusetts Wage Act and 151 discrimination claims, finding that the employer’s Massachusetts headquarters, the employee’s regular communication with Massachusetts-based employees, and the employee’s business travel to Massachusetts was sufficient to state a claim for violation of Massachusetts law. United States District Court SUMMARY: (court decision – opens

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Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Overtime Wages – Medical Transportation

You may be owed overtime compensation if you are a driver for a non-emergency medical transportation company in Massachusetts. Many companies in Massachusetts hire workers to drive individuals to non-emergency medical appointments and to various clinics throughout the state, but often classify these individuals as independent contractors in order to avoid paying overtime. In all likelihood, this is illegal. If

Read More »

Massachusetts Prevailing Wage Law Primer

The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction and non-construction projects throughout the Commonwealth of Massachusetts. The Massachusetts Department of Labor Standards (DLS) is the state administrative agency that is responsible for issuing prevailing wage rates and routinely provides guidance and interpretation on all issues related to the law. Before obtaining bids for any

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Understanding Commission Protections Under the Massachusetts Wage Act

As an employee who receives commissions, it is important to understand your rights and protections under the Massachusetts Wage Act. The Wage Act provides various protections to employees in Massachusetts, including provisions related to the payment of commissions. What is the Massachusetts Wage Act? The Massachusetts Wage Act is a state law that governs the payment of wages and other

Read More »

Unpaid Vacation Class Action

On September 12, 2023, Attorney Shafran filed a class action suit (Unpaid Vacation Time) on behalf of former corporate employees of Dunkin’ brands alleging that Dunkin’ violated the Massachusetts Wage Act, G.L. c. 149, § 148, as a result of a company-wide policy pursuant to which it failed to pay all accrued and unused paid time off to employees based

Read More »

Massachusetts Prevailing Wage Act Is Not Preempted By Federal Law

The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument

Read More »

Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

A U.S. District Court judge has denied a motion to dismiss a Virginia-based employee’s Massachusetts Wage Act and 151 discrimination claims, finding that the employer’s Massachusetts headquarters, the employee’s regular communication with Massachusetts-based employees, and the employee’s business travel to Massachusetts was sufficient to state a claim for violation of Massachusetts law. United States District Court SUMMARY: (court decision – opens

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Overtime Wages – Medical Transportation

You may be owed overtime compensation if you are a driver for a non-emergency medical transportation company in Massachusetts. Many companies in Massachusetts hire workers to drive individuals to non-emergency medical appointments and to various clinics throughout the state, but often classify these individuals as independent contractors in order to avoid paying overtime. In all likelihood, this is illegal. If

Read More »

Massachusetts Prevailing Wage Law Primer

The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction and non-construction projects throughout the Commonwealth of Massachusetts. The Massachusetts Department of Labor Standards (DLS) is the state administrative agency that is responsible for issuing prevailing wage rates and routinely provides guidance and interpretation on all issues related to the law. Before obtaining bids for any

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

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