Work & The Law

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 »

Non-Discretionary Bonuses and Unreimbursed Expenses Covered by Massachusetts Wage Act

A U.S. District Court judge for the District of Massachusetts has denied an employer’s motion to dismiss, finding that bonuses which are non-discretionary, as well as unreimbursed employee expenses, including travel expenses can be protected by the Massachusetts Wage Act. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff George Serebrennikov’s Amended Complaint [Doc. No.

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Jordan’s Furniture Pay Plan Violates Massachusetts Overtime Law

The Massachusetts Supreme Judicial Court has held that Jordan’s Furniture’s pay plan for its sales employees violates Massachusetts overtime law by unlawfully utilizing draws against commissions to cover its overtime obligations. The SJC makes clear that employers cannot use commissions or draws against commissions to cover the overtime compensation owed to employees. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens

Read More »

Massachusetts Wage and Hour Laws: A Comprehensive Guide

Navigating the complex landscape of wage and hour laws is essential for both employers and employees in Massachusetts. These laws govern various aspects of employment, including minimum wage, overtime pay, and meal breaks, ensuring fair treatment and compensation for workers. As a dedicated employment law attorney in Massachusetts, Attorney Adam Shafran aims to provide comprehensive guidance on wage and hour

Read More »

$10.2 Million Severance Agreement Upheld – Dahua Technology

The U.S. District Court for the District of Massachusetts has refused to reform a severance agreement entitling former executive to a $10.2 million severance payment, finding that the employer failed to establish the existence of a mutual mistake as to the severance payment amount. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc.

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Class Certification of Unpaid Wage and Overtime Claims Granted

The U.S. District Court for the District of Massachusetts has granted class certification of claims for unpaid straight time and overtime wages brought by construction/drywall employees. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “In this class action, project workers Jose C. Ruiz (‘J.R.’), Cruz Eduardo Ruiz (‘C.R.’) and Lukasz Zajkowski (‘Zajkowski’) (collectively, and together with

Read More »

Failed to Pay Employee Overtime Compensation

On March 7, 2024, Attorney Shafran filed suit against an antique and art moving and storage company and its owner alleging that it failed to pay an employee overtime compensation in violation of the Massachusetts, overtime statute, G.L. c. 151, §1A. If you are not receiving overtime compensation when you work over 40 hours in a workweek, Attorney Shafran can

Read More »

Deductions from Wages Deemed Impermissible

The U.S. District Court for the District of Massachusetts has denied an employer’s motion for summary judgment, ruling that certain deductions from wages, even when part of the employer’s formula to determine wages owed,  is impermissible. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose Dilone, and Victor Amora bring

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 »

Non-Discretionary Bonuses and Unreimbursed Expenses Covered by Massachusetts Wage Act

A U.S. District Court judge for the District of Massachusetts has denied an employer’s motion to dismiss, finding that bonuses which are non-discretionary, as well as unreimbursed employee expenses, including travel expenses can be protected by the Massachusetts Wage Act. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff George Serebrennikov’s Amended Complaint [Doc. No.

Read More »

Jordan’s Furniture Pay Plan Violates Massachusetts Overtime Law

The Massachusetts Supreme Judicial Court has held that Jordan’s Furniture’s pay plan for its sales employees violates Massachusetts overtime law by unlawfully utilizing draws against commissions to cover its overtime obligations. The SJC makes clear that employers cannot use commissions or draws against commissions to cover the overtime compensation owed to employees. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens

Read More »

Massachusetts Wage and Hour Laws: A Comprehensive Guide

Navigating the complex landscape of wage and hour laws is essential for both employers and employees in Massachusetts. These laws govern various aspects of employment, including minimum wage, overtime pay, and meal breaks, ensuring fair treatment and compensation for workers. As a dedicated employment law attorney in Massachusetts, Attorney Adam Shafran aims to provide comprehensive guidance on wage and hour

Read More »

$10.2 Million Severance Agreement Upheld – Dahua Technology

The U.S. District Court for the District of Massachusetts has refused to reform a severance agreement entitling former executive to a $10.2 million severance payment, finding that the employer failed to establish the existence of a mutual mistake as to the severance payment amount. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc.

Read More »

Class Certification of Unpaid Wage and Overtime Claims Granted

The U.S. District Court for the District of Massachusetts has granted class certification of claims for unpaid straight time and overtime wages brought by construction/drywall employees. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “In this class action, project workers Jose C. Ruiz (‘J.R.’), Cruz Eduardo Ruiz (‘C.R.’) and Lukasz Zajkowski (‘Zajkowski’) (collectively, and together with

Read More »

Failed to Pay Employee Overtime Compensation

On March 7, 2024, Attorney Shafran filed suit against an antique and art moving and storage company and its owner alleging that it failed to pay an employee overtime compensation in violation of the Massachusetts, overtime statute, G.L. c. 151, §1A. If you are not receiving overtime compensation when you work over 40 hours in a workweek, Attorney Shafran can

Read More »

Deductions from Wages Deemed Impermissible

The U.S. District Court for the District of Massachusetts has denied an employer’s motion for summary judgment, ruling that certain deductions from wages, even when part of the employer’s formula to determine wages owed,  is impermissible. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose Dilone, and Victor Amora bring

Read More »

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