Work & The Law

Unpaid Commission Claim to Proceed

The U.S. District Court for the District of Massachusetts has denied an employer’s motion to dismiss an employee’s Wage Act claim to recover unpaid commissions, finding that the Plaintiff’s allegations sufficiently alleged the commissions were definitely determined and due and payable. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff Christine Rivard (‘Plaintiff’ or ‘Rivard’)

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Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

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Unpaid Wages – Interest

On June 26, 2017, in a case of first impression argued by Attorney Adam J. Shafran, the Massachusetts Supreme Judicial Court issued a unanimous 7-0 decision holding that employees who are owed unpaid wages are entitled to recover prejudgment interest at the rate of 1% a month on their unpaid wages in addition to recovering an award of mandatory treble

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Unpaid Wages: Compensation for On-Call Time

Employers often think they are entitled to have their employees “on-call” and do not have to pay them for such time so long as the employee is not performing any work during the on-call time. This is incorrect, and Massachusetts has specific laws governing the compensation of on-call time. They are as follows: On-call Time: All on-call time is compensable

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Unpaid Meal Breaks – Does It Pay To Eat?

In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether thirty-minute meal breaks constitute compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. (“Longwood”) maintained a company policy pursuant to which its employees/security

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Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies (“Smart”) to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors by Smart. Smart is a non-emergency medical transportation company

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Independent Contractors – Class Actions

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. As a preliminary matter, it is not completely implausible for

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Retaliation Against Employee’s Under the Wage Act

Under the Massachusetts’ Wage Act, employees are protected against retaliation from their employers. Aggrieved employees may bring an action for injunctive relief, damages, lost wages and other benefits against their employers. Section 148A of the Wage Act provides: “No employee shall be penalized by an employer in any way as a result of any action on the part of an

Read More »

Mandatory Treble Damages in Wage Act Claims

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 damages, for any lost wages and other benefits and

Read More »

Unpaid Commission Claim to Proceed

The U.S. District Court for the District of Massachusetts has denied an employer’s motion to dismiss an employee’s Wage Act claim to recover unpaid commissions, finding that the Plaintiff’s allegations sufficiently alleged the commissions were definitely determined and due and payable. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff Christine Rivard (‘Plaintiff’ or ‘Rivard’)

Read More »

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

Read More »

Unpaid Wages – Interest

On June 26, 2017, in a case of first impression argued by Attorney Adam J. Shafran, the Massachusetts Supreme Judicial Court issued a unanimous 7-0 decision holding that employees who are owed unpaid wages are entitled to recover prejudgment interest at the rate of 1% a month on their unpaid wages in addition to recovering an award of mandatory treble

Read More »

Unpaid Wages: Compensation for On-Call Time

Employers often think they are entitled to have their employees “on-call” and do not have to pay them for such time so long as the employee is not performing any work during the on-call time. This is incorrect, and Massachusetts has specific laws governing the compensation of on-call time. They are as follows: On-call Time: All on-call time is compensable

Read More »

Unpaid Meal Breaks – Does It Pay To Eat?

In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether thirty-minute meal breaks constitute compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. (“Longwood”) maintained a company policy pursuant to which its employees/security

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies (“Smart”) to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors by Smart. Smart is a non-emergency medical transportation company

Read More »

Independent Contractors – Class Actions

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. As a preliminary matter, it is not completely implausible for

Read More »

Retaliation Against Employee’s Under the Wage Act

Under the Massachusetts’ Wage Act, employees are protected against retaliation from their employers. Aggrieved employees may bring an action for injunctive relief, damages, lost wages and other benefits against their employers. Section 148A of the Wage Act provides: “No employee shall be penalized by an employer in any way as a result of any action on the part of an

Read More »

Mandatory Treble Damages in Wage Act Claims

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 damages, for any lost wages and other benefits and

Read More »

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