Call Attorney Shafran Today!
Time and time again, businesses misclassify employees as independent contractors. It is always important to scrutinize the relationship to ensure you are not missing out on monetary damages, worker’s compensation coverage, payroll tax contributions and overtime wages.
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.
Employees paid a per diem stipend may be owed overtime pay for hours worked in excess of forty hours a week. The First Circuit Court of Appeals held in favor of employees whose per diem stipend was calculated and prorated based on the number of hours worked each week.
Women face many different struggles during pregnancy including discriminatory practices by their current and future employers. Refusing to be hired by an employer may be an unlawful practice as examined in a recent case heard in United States District Court for the District of Massachusetts.
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
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
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
Does the company you work with consider you an independent contractor as opposed to an employee? As a result of the costs associated with treating an individual as an employee, companies have a perverse incentive to classify you as an independent contractor. While this may be to the company’s benefit, it is almost always is to the disadvantage of the
Do you work on public works projects in Massachusetts? If so, you are likely covered by the Massachusetts Prevailing Wage Law. The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction projects, workers engaged in school bus transportation, operators of vehicles and equipment engaged by public entities for public works purposes (including solid waste and recycling),
With the new year right around the corner, I am excited to announce to the beginning of the Massachusetts Employee Rights Blog. Stated simply, the purpose of this blog is to inform employees and workers throughout the Commonwealth of Massachusetts of their workplace rights. In an ever developing and changing area of the law, it is important for employees to
Time and time again, businesses misclassify employees as independent contractors. It is always important to scrutinize the relationship to ensure you are not missing out on monetary damages, worker’s compensation coverage, payroll tax contributions and overtime wages.
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.
Employees paid a per diem stipend may be owed overtime pay for hours worked in excess of forty hours a week. The First Circuit Court of Appeals held in favor of employees whose per diem stipend was calculated and prorated based on the number of hours worked each week.
Women face many different struggles during pregnancy including discriminatory practices by their current and future employers. Refusing to be hired by an employer may be an unlawful practice as examined in a recent case heard in United States District Court for the District of Massachusetts.
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
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
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
Does the company you work with consider you an independent contractor as opposed to an employee? As a result of the costs associated with treating an individual as an employee, companies have a perverse incentive to classify you as an independent contractor. While this may be to the company’s benefit, it is almost always is to the disadvantage of the
Do you work on public works projects in Massachusetts? If so, you are likely covered by the Massachusetts Prevailing Wage Law. The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction projects, workers engaged in school bus transportation, operators of vehicles and equipment engaged by public entities for public works purposes (including solid waste and recycling),
With the new year right around the corner, I am excited to announce to the beginning of the Massachusetts Employee Rights Blog. Stated simply, the purpose of this blog is to inform employees and workers throughout the Commonwealth of Massachusetts of their workplace rights. In an ever developing and changing area of the law, it is important for employees to
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Call Attorney Shafran Today!