Work & The Law

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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Wrongful Termination – The Public Policy Doctrine

In Massachusetts, all employees are protected against wrongful termination under what is commonly known as the public policy doctrine. As explained by the Supreme Judicial Court, the doctrine provides a remedy to an at-will employee who is “terminated contrary to a well-defined public policy.” The remedy “is available for employees who are terminated for asserting a legally guaranteed right (e.g.,

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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

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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.

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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 »

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 »

Wrongful Termination – The Public Policy Doctrine

In Massachusetts, all employees are protected against wrongful termination under what is commonly known as the public policy doctrine. As explained by the Supreme Judicial Court, the doctrine provides a remedy to an at-will employee who is “terminated contrary to a well-defined public policy.” The remedy “is available for employees who are terminated for asserting a legally guaranteed right (e.g.,

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 »