Work & The Law

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.

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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.

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The Employment Status of Delivery Drivers

As the issue of independent contractor misclassification becomes more and more prevalent, rampant employment misclassification has become a frequent occurrence in the delivery, distribution and logistics industry. In a recent decision in the U.S. District Court for the District of Massachusetts, the Court held that delivery drivers for a delivery and logistics company were improperly classified as independent contractors rather than

Read More »

Not Paid Your Prevailing Wages, Even By Mistake?

Has your employer failed it pay you the prevailing wage rate that you are owed? Was it even by mistake that they failed to pay you? In a recent decision by the Massachusetts Supreme Judicial Court, the Court stated that it is irrelevant whether or not your employer intended to not pay you the prevailing wage rate that you are

Read More »

Are You Getting Paid All Of Your Tips?

You’re working hard, you’re earning tips, but are you getting paid all your 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. The following will help readers understand whether they fall under any of these three categories. Wait Staff: To be considered a

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 »

The Employment Status of Delivery Drivers

As the issue of independent contractor misclassification becomes more and more prevalent, rampant employment misclassification has become a frequent occurrence in the delivery, distribution and logistics industry. In a recent decision in the U.S. District Court for the District of Massachusetts, the Court held that delivery drivers for a delivery and logistics company were improperly classified as independent contractors rather than

Read More »

Not Paid Your Prevailing Wages, Even By Mistake?

Has your employer failed it pay you the prevailing wage rate that you are owed? Was it even by mistake that they failed to pay you? In a recent decision by the Massachusetts Supreme Judicial Court, the Court stated that it is irrelevant whether or not your employer intended to not pay you the prevailing wage rate that you are

Read More »

Are You Getting Paid All Of Your Tips?

You’re working hard, you’re earning tips, but are you getting paid all your 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. The following will help readers understand whether they fall under any of these three categories. Wait Staff: To be considered a

Read More »

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