Work & The Law

Non-Emergency Medical Transportation Independent Contractor Misclassification Case To Proceed

The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the

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Massachusetts Prevailing Wage Act Is Not Preempted By Federal Law

The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument

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Prevailing Wage Case

On August 4, 2023, Attorney Shafran , on behalf of a former employee, filed suit against a paving and excavating company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated the Massachusetts prevailing wage law, G.L. c. 149, §26-27 et seq., as a result of the Defendants’ failure to pay the Plaintiff the applicable prevailing wage for all

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Unpaid Wage Case

On July 20, 2023, Attorney Shafran, on behalf of a former employee, filed suit against a construction company and its principals (collectively “Defendants”) alleging that the Defendants’ failed to pay the employee all wages due in a timely manner in violation of G.L. c. 149, § 148 (the Massachusetts Wage Act), and failed to pay the employee overtime compensation for

Read More »

Massachusetts Non-Compete Law (the basics)

The Basics of Non-Compete Agreements: Non-compete agreements are contractual agreements between employers and employees that restrict employees from engaging in certain competitive activities for a specific period of time and within a defined geographic area after leaving their current employment. These agreements aim to protect employers’ confidential information, trade secrets, customer relationships, and other legitimate business interests. Legal Requirements in

Read More »

Defining “Cause” in Employment Agreements

The term “cause” is commonly used in employment contracts and plays a crucial role in the termination of an employee’s contract. Understanding this term is essential for both employers and employees, as it outlines the circumstances under which an employment agreement can be terminated without severance or other benefits. What is Cause in an Employment Agreement? In the context of

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F.W. Webb Employees Misclassified As Exempt And Denied Overtime Compensation

A U.S. District Court Judge has granted summary judgment in favor of the U.S. Department of Labor, ruling that F.W. Webb Inside Sales Representatives were misclassified as exempt employees and improperly denied overtime compensation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiff Julie Su, the Acting Secretary of the United States Department of Labor (‘the ‘Secretary’),

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Wage Claim Based on Training Cost Repayment Requirement to Proceed

A U.S. District Court judge has denied an employer’s motion to dismiss, holding that an employer’s requirement that employees repay so-called training costs may constitute a wage violation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiffs Christopher Connor McClain (‘McClain’), Dennis Abramov (‘Abramov’), Miles Collins (‘Collins’), Jeffrey Butler Hanson, Jr. (‘Hanson’), Ricky LeBlanc (‘LeBlanc’), Samuel Shepherd

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Non-Emergency Medical Transportation Independent Contractor Misclassification Case To Proceed

The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the

Read More »

Massachusetts Prevailing Wage Act Is Not Preempted By Federal Law

The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument

Read More »

Prevailing Wage Case

On August 4, 2023, Attorney Shafran , on behalf of a former employee, filed suit against a paving and excavating company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated the Massachusetts prevailing wage law, G.L. c. 149, §26-27 et seq., as a result of the Defendants’ failure to pay the Plaintiff the applicable prevailing wage for all

Read More »

Unpaid Wage Case

On July 20, 2023, Attorney Shafran, on behalf of a former employee, filed suit against a construction company and its principals (collectively “Defendants”) alleging that the Defendants’ failed to pay the employee all wages due in a timely manner in violation of G.L. c. 149, § 148 (the Massachusetts Wage Act), and failed to pay the employee overtime compensation for

Read More »

Massachusetts Non-Compete Law (the basics)

The Basics of Non-Compete Agreements: Non-compete agreements are contractual agreements between employers and employees that restrict employees from engaging in certain competitive activities for a specific period of time and within a defined geographic area after leaving their current employment. These agreements aim to protect employers’ confidential information, trade secrets, customer relationships, and other legitimate business interests. Legal Requirements in

Read More »

Defining “Cause” in Employment Agreements

The term “cause” is commonly used in employment contracts and plays a crucial role in the termination of an employee’s contract. Understanding this term is essential for both employers and employees, as it outlines the circumstances under which an employment agreement can be terminated without severance or other benefits. What is Cause in an Employment Agreement? In the context of

Read More »

F.W. Webb Employees Misclassified As Exempt And Denied Overtime Compensation

A U.S. District Court Judge has granted summary judgment in favor of the U.S. Department of Labor, ruling that F.W. Webb Inside Sales Representatives were misclassified as exempt employees and improperly denied overtime compensation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiff Julie Su, the Acting Secretary of the United States Department of Labor (‘the ‘Secretary’),

Read More »

Wage Claim Based on Training Cost Repayment Requirement to Proceed

A U.S. District Court judge has denied an employer’s motion to dismiss, holding that an employer’s requirement that employees repay so-called training costs may constitute a wage violation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiffs Christopher Connor McClain (‘McClain’), Dennis Abramov (‘Abramov’), Miles Collins (‘Collins’), Jeffrey Butler Hanson, Jr. (‘Hanson’), Ricky LeBlanc (‘LeBlanc’), Samuel Shepherd

Read More »

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