Work & The Law

Understanding Misclassification of Employees as Independent Contractors in Massachusetts

Employee misclassification is a common issue in Massachusetts, particularly in industries where companies try to reduce costs by labeling workers as independent contractors rather than employees. Misclassification deprives workers of essential protections, including access to benefits, overtime pay, and legal rights. Understanding how misclassification occurs, its consequences, and how to seek recourse can help Massachusetts workers protect their rights and

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Wage Deductions and Illegal Deductions from Employees’ Wages in Massachusetts

Wage deductions are a common practice, but they must comply with both state and federal laws to protect employees from losing wages unfairly. In Massachusetts, specific regulations govern what employers can and cannot deduct from an employee’s paycheck. Violations of these laws can lead to significant legal penalties for employers, and employees may be entitled to compensation if illegal deductions

Read More »

Working Inside Sales from Home Entitles You to Overtime Pay in Massachusetts

In Massachusetts, the distinction between outside and inside salespeople can have significant implications for overtime pay. While it has long been established that outside salespeople are generally exempt from overtime pay, the landscape of sales employment has evolved. With the rise of remote work, many employees who may not fit the traditional “outside sales” classification are now working from home

Read More »

Unpaid Bonuses and Commissions: Understanding Your Rights in Massachusetts

Disputes over unpaid bonuses and commissions are a common issue faced by employees in Massachusetts, particularly upon termination. As employment law attorneys, we aim to provide clarity on this topic, helping you understand your rights and the legal remedies available. This article will discuss Massachusetts laws and regulations regarding unpaid bonuses and commissions, typical scenarios of disputes, and the steps

Read More »

Minority Member of LLC can be Employee of LLC for Purposes of Wage Act Claims

A Superior Court judge has rejected a motion for summary judgment brought by Lighthouse Life Science Partners LLC that argued the plaintiff-employee was precluded as a matter of law from bringing Wage Act claims because the employee was also a minority member of the LLC. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) Where a defendant limited liability company

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Massachusetts Employment Law: Immediate Payment of Wages Upon Termination

When it comes to employment law, one critical issue that employees often face is receiving all wages owed to them promptly upon termination. In Massachusetts, state law is clear on this matter: employers must pay an employee all earned wages on the day of termination. This requirement is a key protection for employees and is strictly enforced. It is important

Read More »

Joint Employer Status Affirmed – Herb Chambers and Jennings Road Management (JRM) Corp

The Massachusetts Appeals Court has affirmed a Superior Court ruling that a Herb Chambers’ management company is the joint employer of all Herb Chambers’ dealership employees. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “Claiming violations of the Massachusetts wage laws, the plaintiff, Sakiroh Tran, sued not only the car dealership where she works as a parts advisor, but

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Class Certification Granted and Summary Judgment for Employer Denied in Unpaid Overtime Case

A judge in the Business Litigation Session in Suffolk Superior Court has granted class certification and denied an employer summary judgment on an unpaid overtime claim brought on behalf of so-called Residential Energy Specialists employed by RISE Engineering. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Darrin Duty, a former employee of Thielsch Engineering, Inc. d/b/a RISE Engineering (‘RISE’),

Read More »

Executive Employment Agreements: Protecting Your Interests in Massachusetts

Whether you’re an executive seeking to negotiate a new contract or an employer looking to draft an employment contract, understanding the nuances of these agreements is crucial. Why Executive Employment Agreements Matter Executive employment agreements are your legal shield in the complex corporate world. These contracts establish the terms and conditions of an executive’s employment, covering everything from salary and

Read More »

Conditional Certification of FLSA Claim Granted for Employees of Seasons Corner Market

A U.S. District Court judge for the District of Massachusetts has granted a motion for conditional certification of FLSA claims brought against Seasons Corner Market for unlawfully rounding employees’ time worked. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “This is a putative collective and class action brought for nonpayment of wages to cashiers and

Read More »

Understanding Misclassification of Employees as Independent Contractors in Massachusetts

Employee misclassification is a common issue in Massachusetts, particularly in industries where companies try to reduce costs by labeling workers as independent contractors rather than employees. Misclassification deprives workers of essential protections, including access to benefits, overtime pay, and legal rights. Understanding how misclassification occurs, its consequences, and how to seek recourse can help Massachusetts workers protect their rights and

Read More »

Wage Deductions and Illegal Deductions from Employees’ Wages in Massachusetts

Wage deductions are a common practice, but they must comply with both state and federal laws to protect employees from losing wages unfairly. In Massachusetts, specific regulations govern what employers can and cannot deduct from an employee’s paycheck. Violations of these laws can lead to significant legal penalties for employers, and employees may be entitled to compensation if illegal deductions

Read More »

Working Inside Sales from Home Entitles You to Overtime Pay in Massachusetts

In Massachusetts, the distinction between outside and inside salespeople can have significant implications for overtime pay. While it has long been established that outside salespeople are generally exempt from overtime pay, the landscape of sales employment has evolved. With the rise of remote work, many employees who may not fit the traditional “outside sales” classification are now working from home

Read More »

Unpaid Bonuses and Commissions: Understanding Your Rights in Massachusetts

Disputes over unpaid bonuses and commissions are a common issue faced by employees in Massachusetts, particularly upon termination. As employment law attorneys, we aim to provide clarity on this topic, helping you understand your rights and the legal remedies available. This article will discuss Massachusetts laws and regulations regarding unpaid bonuses and commissions, typical scenarios of disputes, and the steps

Read More »

Minority Member of LLC can be Employee of LLC for Purposes of Wage Act Claims

A Superior Court judge has rejected a motion for summary judgment brought by Lighthouse Life Science Partners LLC that argued the plaintiff-employee was precluded as a matter of law from bringing Wage Act claims because the employee was also a minority member of the LLC. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) Where a defendant limited liability company

Read More »

Massachusetts Employment Law: Immediate Payment of Wages Upon Termination

When it comes to employment law, one critical issue that employees often face is receiving all wages owed to them promptly upon termination. In Massachusetts, state law is clear on this matter: employers must pay an employee all earned wages on the day of termination. This requirement is a key protection for employees and is strictly enforced. It is important

Read More »

Joint Employer Status Affirmed – Herb Chambers and Jennings Road Management (JRM) Corp

The Massachusetts Appeals Court has affirmed a Superior Court ruling that a Herb Chambers’ management company is the joint employer of all Herb Chambers’ dealership employees. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “Claiming violations of the Massachusetts wage laws, the plaintiff, Sakiroh Tran, sued not only the car dealership where she works as a parts advisor, but

Read More »

Class Certification Granted and Summary Judgment for Employer Denied in Unpaid Overtime Case

A judge in the Business Litigation Session in Suffolk Superior Court has granted class certification and denied an employer summary judgment on an unpaid overtime claim brought on behalf of so-called Residential Energy Specialists employed by RISE Engineering. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Darrin Duty, a former employee of Thielsch Engineering, Inc. d/b/a RISE Engineering (‘RISE’),

Read More »

Executive Employment Agreements: Protecting Your Interests in Massachusetts

Whether you’re an executive seeking to negotiate a new contract or an employer looking to draft an employment contract, understanding the nuances of these agreements is crucial. Why Executive Employment Agreements Matter Executive employment agreements are your legal shield in the complex corporate world. These contracts establish the terms and conditions of an executive’s employment, covering everything from salary and

Read More »

Conditional Certification of FLSA Claim Granted for Employees of Seasons Corner Market

A U.S. District Court judge for the District of Massachusetts has granted a motion for conditional certification of FLSA claims brought against Seasons Corner Market for unlawfully rounding employees’ time worked. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “This is a putative collective and class action brought for nonpayment of wages to cashiers and

Read More »