Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker Many workers in Massachusetts are classified as independent contractors, which means that they are not considered employees and are not entitled to certain employment protections and benefits. However, some workers may be misclassified as independent contractors when they should actually be classified as employees. If you believe that you

Unpaid Prevailing Wage Case – Construction Workers

On January 11, 2024, Attorney Shafran filed a prevailing wage suit against a construction company alleging that the company failed to pay the employee the prevailing wage applicable to a gradall operator in violation of the Massachusetts prevailing wage law, G.L. c. 149, §27 et seq. If you are working on a prevailing wage job (i.e., a public job) and

Unpaid Overtime – Brazilian Supermarket

On December 22, 2023, Attorney Shafran filed an unpaid overtime suit against a Brazilian supermarket and its owner alleging that it failed to pay an employee overtime compensation in violation of the Massachusetts overtime state, G.L. c. 151, §1A. If you are not receiving overtime compensation when you work over 40 hours in a workweek, Attorney Shafran can assist you

Understanding Overtime Entitlement for Salaried Employees in Massachusetts

As an employee in Massachusetts, it is important to know your rights and entitlements when it comes to overtime pay. One common misconception among salaried employees is that they are not entitled to overtime pay. However, this is not always the case, and it depends on various factors that determine eligibility for overtime pay. What is Overtime Pay? Overtime

Prevailing Wage Law in Massachusetts

In Massachusetts, the Prevailing Wage Law requires contractors and subcontractors working on public construction projects to pay their workers the prevailing wage rate. The prevailing wage rate is defined as the hourly rate of pay, including benefits, paid to the majority of workers engaged in a particular type of construction work in a specific geographic area. This law applies to

Unpaid Wage Class Action – Christmas Tree Shop

On September 25, 2023, Attorney Shafran filed a class action suit for unpaid wages on behalf of former Massachusetts-based employees of the Christmas Tree Shop (“CTS”), against Marc and Pam Salkovitz (the former owners of CTS) and Hilco Merchant Resources LLC (the liquidator in CTS’s bankruptcy) alleging 1) that the Defendants M. Salkovitz and P. Salkovitz violated the Massachusetts Wage

Non-Solicitation Agreements

What is a Non-Solicitation Agreement? A Non-Solicitation Agreement is a legally binding contract that restricts an individual, typically an employee who’s leaving a company, from soliciting the company’s clients, customers, vendors, or other employees for a certain period after their departure. Key Elements and Implications: Client and Customer Solicitation: Non-solicitation agreements often focus on preventing former employees from reaching out

Understanding Commission Protections Under the Massachusetts Wage Act

As an employee who receives commissions, it is important to understand your rights and protections under the Massachusetts Wage Act. The Wage Act provides various protections to employees in Massachusetts, including provisions related to the payment of commissions. What is the Massachusetts Wage Act? The Massachusetts Wage Act is a state law that governs the payment of wages and other

Unpaid Commission Claim to Proceed

The U.S. District Court for the District of Massachusetts has denied an employer’s motion to dismiss an employee’s Wage Act claim to recover unpaid commissions, finding that the Plaintiff’s allegations sufficiently alleged the commissions were definitely determined and due and payable. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff Christine Rivard (‘Plaintiff’ or ‘Rivard’)

Delivery Drivers Misclassified as Independent Contractors

The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose