Work & The Law

Mandatory Treble Damages in Wage Act Claims

A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award. “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and

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Massachusetts Minimum Wage Rate

$9.00. As of January 1st 2015, this will be the new minimum wage in the State of Massachusetts. The commonwealth has instituted an aggressive minimum wage initiative to raise the minimum wage $1.00 each year to ultimately reach $11.00 an hour as of January 1st 2017.

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Unemployment Benefits and Voluntary Resignation

Unemployment benefits are typically reserved for employees who involuntarily leave work. A specific exception is made for employees who leave work voluntarily if the employee “establishes by substantial and credible evidence that he had good cause for leaving attributable to the employer.”

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Seeking Reinstatement Under the Mass Wage Act

The Massachusetts Wage Act affords aggrieved employees the ability to sue their employers and recover for an employer’s failure to pay wages to which the employee was entitled. The Supreme Judicial Court recently address the issue of whether an employee may also seek reinstatement under the Wage Act.

Read More »

Who is a Manager? As a Wait Staff Employee, Are You Missing Out on Tips?

Here is another installment to help employees recognize whether they are receiving all of their hard earned tips. Under Massachusetts law, only three classes of employees are eligible to receive and share tips: 1) wait staff; 2) service employees; and 3) service bartenders. Massachusetts’ courts are largely concerned about the actual work preformed by an employee as opposed to the

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Are You Really A Highly Compensated Employee?

The Fair Labor Standards Act provides for overtime pay protections for certain employees. ‘Highly compensated employees,’ as defined by the act, are exempt from this protection. The First Circuit tackled the issue as to whether a regularly administered $1,000 stipend paid to employees qualifies as paying employees on a salary basis, thus qualifying plaintiffs as highly compensated employees.

Read More »

Mandatory Treble Damages in Wage Act Claims

A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award. “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and

Read More »

Massachusetts Minimum Wage Rate

$9.00. As of January 1st 2015, this will be the new minimum wage in the State of Massachusetts. The commonwealth has instituted an aggressive minimum wage initiative to raise the minimum wage $1.00 each year to ultimately reach $11.00 an hour as of January 1st 2017.

Read More »

Unemployment Benefits and Voluntary Resignation

Unemployment benefits are typically reserved for employees who involuntarily leave work. A specific exception is made for employees who leave work voluntarily if the employee “establishes by substantial and credible evidence that he had good cause for leaving attributable to the employer.”

Read More »

Seeking Reinstatement Under the Mass Wage Act

The Massachusetts Wage Act affords aggrieved employees the ability to sue their employers and recover for an employer’s failure to pay wages to which the employee was entitled. The Supreme Judicial Court recently address the issue of whether an employee may also seek reinstatement under the Wage Act.

Read More »

Who is a Manager? As a Wait Staff Employee, Are You Missing Out on Tips?

Here is another installment to help employees recognize whether they are receiving all of their hard earned tips. Under Massachusetts law, only three classes of employees are eligible to receive and share tips: 1) wait staff; 2) service employees; and 3) service bartenders. Massachusetts’ courts are largely concerned about the actual work preformed by an employee as opposed to the

Read More »

Are You Really A Highly Compensated Employee?

The Fair Labor Standards Act provides for overtime pay protections for certain employees. ‘Highly compensated employees,’ as defined by the act, are exempt from this protection. The First Circuit tackled the issue as to whether a regularly administered $1,000 stipend paid to employees qualifies as paying employees on a salary basis, thus qualifying plaintiffs as highly compensated employees.

Read More »