Work & The Law

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

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Earned Sick Time for Massachusetts’ Employees

Beginning on July 1, 2015, employees who work for employers having eleven or more employees will be eligible to earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers could earn and use up to 40 hours of unpaid sick time per calendar year.

Read More »

Remedies Under the Massachusetts Wage Act

The Massachusetts Wage Act protects employees by requiring the prompt payment of wages within six days of being earned. G.L. c. 149 § 148. The Courts have defined the purpose of the Wage Act to limit the time between the completion of an employee’s work and the payment of their wages. It protects employees from the unreasonable suppression of wages

Read More »

Construction Worker’s Right to a Prevailing Wage

The Department of Labor Standards (“DLS”) creates an extensive list of job classifications and their corresponding rate of wages. An awarding authority, such as a municipality, who begins a public works projects submits to the Director of DLS a list of jobs to be employed on the project. Typically these jobs fit neatly into a job classification. Nonetheless, workers often

Read More »

Workers Compensation Insurance for Independent Contractors and their Employers

Massachusetts requires every employer in the commonwealth with one or more employees to have a valid worker’s compensation policy at all times. This type of no fault insurance protects employees by providing medical care and partial wage reimbursement. Employers need not have a valid worker’s compensation policy for work done by an independent contractor as they fall outside the definition

Read More »

Supreme Court Rules Against Employee Compensation For Security Screens

Workers at Amazon warehouses may face up to 25-minute security screenings aimed at preventing theft. The workers sued their employer seeking compensation for the time spent waiting to go through the security screening at the end of each day. The issue before the Supreme Court was whether such time is compensable under the Fair Labor Standards Act, the federal law

Read More »

Keeping Overtime Pay in Compliance with the Prevailing Wage Law

Employers often create complicated payroll formulas to calculate overtime pay for employees who work under public work contracts to comply with Massachusetts’ prevailing wage law. The prevailing wage law (M.G.L. c. 149, § 26-27) governs public works contracts in Massachusetts and mandates a wage rate established by the director of the Massachusetts Department of Labor, the “prevailing wage,” which must

Read More »

Massachusetts Law Regarding Unpaid Interns

Employers who hire unpaid interns face heavy scrutiny under Massachusetts wage and hour laws. Massachusetts employers must pay their interns state minimum wages unless the employer can demonstrate that their unpaid intern is exempt under both the state’s criteria, and the six part test used by the United States Department of Labor under federal law.

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 »

Earned Sick Time for Massachusetts’ Employees

Beginning on July 1, 2015, employees who work for employers having eleven or more employees will be eligible to earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers could earn and use up to 40 hours of unpaid sick time per calendar year.

Read More »

Remedies Under the Massachusetts Wage Act

The Massachusetts Wage Act protects employees by requiring the prompt payment of wages within six days of being earned. G.L. c. 149 § 148. The Courts have defined the purpose of the Wage Act to limit the time between the completion of an employee’s work and the payment of their wages. It protects employees from the unreasonable suppression of wages

Read More »

Construction Worker’s Right to a Prevailing Wage

The Department of Labor Standards (“DLS”) creates an extensive list of job classifications and their corresponding rate of wages. An awarding authority, such as a municipality, who begins a public works projects submits to the Director of DLS a list of jobs to be employed on the project. Typically these jobs fit neatly into a job classification. Nonetheless, workers often

Read More »

Workers Compensation Insurance for Independent Contractors and their Employers

Massachusetts requires every employer in the commonwealth with one or more employees to have a valid worker’s compensation policy at all times. This type of no fault insurance protects employees by providing medical care and partial wage reimbursement. Employers need not have a valid worker’s compensation policy for work done by an independent contractor as they fall outside the definition

Read More »

Supreme Court Rules Against Employee Compensation For Security Screens

Workers at Amazon warehouses may face up to 25-minute security screenings aimed at preventing theft. The workers sued their employer seeking compensation for the time spent waiting to go through the security screening at the end of each day. The issue before the Supreme Court was whether such time is compensable under the Fair Labor Standards Act, the federal law

Read More »

Keeping Overtime Pay in Compliance with the Prevailing Wage Law

Employers often create complicated payroll formulas to calculate overtime pay for employees who work under public work contracts to comply with Massachusetts’ prevailing wage law. The prevailing wage law (M.G.L. c. 149, § 26-27) governs public works contracts in Massachusetts and mandates a wage rate established by the director of the Massachusetts Department of Labor, the “prevailing wage,” which must

Read More »

Massachusetts Law Regarding Unpaid Interns

Employers who hire unpaid interns face heavy scrutiny under Massachusetts wage and hour laws. Massachusetts employers must pay their interns state minimum wages unless the employer can demonstrate that their unpaid intern is exempt under both the state’s criteria, and the six part test used by the United States Department of Labor under federal law.

Read More »