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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’)
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
On September 12, 2023, Attorney Shafran filed a class action suit (Unpaid Vacation Time) on behalf of former corporate employees of Dunkin’ brands alleging that Dunkin’ violated the Massachusetts Wage Act, G.L. c. 149, § 148, as a result of a company-wide policy pursuant to which it failed to pay all accrued and unused paid time off to employees based
On August 22, 2023, Attorney Shafran, filed a class action suit (Unpaid Overtime) on behalf of current and former employees of a industrial flooring company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated G.L. c. 151, § 1A (the Massachusetts overtime law), as a result of a company-wide policy pursuant to which the company fails to include,
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
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
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
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
Many employees in Massachusetts are required to be “on-call” outside of their regular working hours, which means that they must be available to work if called upon by their employer. However, it is important for both employees and employers to understand whether on-call time is compensable under Massachusetts law. We explain whether employees are entitled to be compensated for on-call
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
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’)
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
On September 12, 2023, Attorney Shafran filed a class action suit (Unpaid Vacation Time) on behalf of former corporate employees of Dunkin’ brands alleging that Dunkin’ violated the Massachusetts Wage Act, G.L. c. 149, § 148, as a result of a company-wide policy pursuant to which it failed to pay all accrued and unused paid time off to employees based
On August 22, 2023, Attorney Shafran, filed a class action suit (Unpaid Overtime) on behalf of current and former employees of a industrial flooring company and its principals (collectively “Defendants”) alleging that the Defendants: (1) violated G.L. c. 151, § 1A (the Massachusetts overtime law), as a result of a company-wide policy pursuant to which the company fails to include,
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
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
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
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
Many employees in Massachusetts are required to be “on-call” outside of their regular working hours, which means that they must be available to work if called upon by their employer. However, it is important for both employees and employers to understand whether on-call time is compensable under Massachusetts law. We explain whether employees are entitled to be compensated for on-call
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
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