Work & The Law

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker  Many workers in Massachusetts are classified as independent contractors, which means that they are not considered employees and are not entitled to certain employment protections and benefits. However, some workers may be misclassified as independent contractors when they should actually be classified as employees. If you believe that you

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Understanding Overtime Entitlement for Salaried Employees in Massachusetts

As an employee in Massachusetts, it is important to know your rights and entitlements when it comes to overtime pay. One common misconception among salaried employees is that they are not entitled to overtime pay. However, this is not always the case, and it depends on various factors that determine eligibility for overtime pay.  What is Overtime Pay?   Overtime

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Prevailing Wage Law in Massachusetts

In Massachusetts, the Prevailing Wage Law requires contractors and subcontractors working on public construction projects to pay their workers the prevailing wage rate. The prevailing wage rate is defined as the hourly rate of pay, including benefits, paid to the majority of workers engaged in a particular type of construction work in a specific geographic area. This law applies to

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Non-Solicitation Agreements

What is a Non-Solicitation Agreement? A Non-Solicitation Agreement is a legally binding contract that restricts an individual, typically an employee who’s leaving a company, from soliciting the company’s clients, customers, vendors, or other employees for a certain period after their departure. Key Elements and Implications: Client and Customer Solicitation: Non-solicitation agreements often focus on preventing former employees from reaching out

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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 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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Delivery Drivers Misclassified as Independent Contractors

The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose

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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 »

Unpaid Overtime Case

On August 22, 2023, Attorney Shafran, filed a class action suit (Unpaid Overtime) on behalf of current and former employees of a industrial flooring company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated  G.L. c. 151, § 1A (the Massachusetts overtime law), as a result of a company-wide policy pursuant to which the company fails to include,

Read More »

Non-Emergency Medical Transportation Independent Contractor Misclassification Case To Proceed

The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the

Read More »

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker  Many workers in Massachusetts are classified as independent contractors, which means that they are not considered employees and are not entitled to certain employment protections and benefits. However, some workers may be misclassified as independent contractors when they should actually be classified as employees. If you believe that you

Read More »

Understanding Overtime Entitlement for Salaried Employees in Massachusetts

As an employee in Massachusetts, it is important to know your rights and entitlements when it comes to overtime pay. One common misconception among salaried employees is that they are not entitled to overtime pay. However, this is not always the case, and it depends on various factors that determine eligibility for overtime pay.  What is Overtime Pay?   Overtime

Read More »

Prevailing Wage Law in Massachusetts

In Massachusetts, the Prevailing Wage Law requires contractors and subcontractors working on public construction projects to pay their workers the prevailing wage rate. The prevailing wage rate is defined as the hourly rate of pay, including benefits, paid to the majority of workers engaged in a particular type of construction work in a specific geographic area. This law applies to

Read More »

Non-Solicitation Agreements

What is a Non-Solicitation Agreement? A Non-Solicitation Agreement is a legally binding contract that restricts an individual, typically an employee who’s leaving a company, from soliciting the company’s clients, customers, vendors, or other employees for a certain period after their departure. Key Elements and Implications: Client and Customer Solicitation: Non-solicitation agreements often focus on preventing former employees from reaching out

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 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 »

Delivery Drivers Misclassified as Independent Contractors

The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose

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 »

Unpaid Overtime Case

On August 22, 2023, Attorney Shafran, filed a class action suit (Unpaid Overtime) on behalf of current and former employees of a industrial flooring company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated  G.L. c. 151, § 1A (the Massachusetts overtime law), as a result of a company-wide policy pursuant to which the company fails to include,

Read More »

Non-Emergency Medical Transportation Independent Contractor Misclassification Case To Proceed

The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the

Read More »

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