Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Overtime Exemption for Administrative Employees Narrowed

The First Circuit Court of Appeals has issued a ruling narrowing the overtime exemption for administrative employees, providing greater overtime rights for administrative workers.” United States Court of Appeals, For the First Circuit SUMMARY: (court decision – opens in PDF) “Compliance with the Fair Labor Standards Act’s (‘FLSA’) overtime pay requirements is critical to ensuring worker protections. Before us, Appellant,

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts court finds employer mistake in severance agreement entitles employee to substantial severance payments. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc. (‘Dahua’), a subsidiary of Zhejiang Dahua Technology Co., Ltd. (‘Zhejiang’), brought this action against Feng Zhang to reform an agreement terminating Zhang’s executive-level position at Zhejiang (the ‘Release

Massachusetts Court Finds Non-solicitation Agreement Enforceable

Court finds non-solicitation agreement enforceable but declines to extend its time-frame. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Thermal Engineering International (USA) Inc. (‘Thermal Engineering’ or ‘plaintiff’) brings this action against Daryl L. Lanaville (‘Lanaville’ or ‘defendant’) seeking monetary damages and injunctive relief. Plaintiff alleges that defendant breached a non-solicitation covenant when he

Overtime Wages – Medical Transportation

You may be owed overtime compensation if you are a driver for a non-emergency medical transportation company in Massachusetts. Many companies in Massachusetts hire workers to drive individuals to non-emergency medical appointments and to various clinics throughout the state, but often classify these individuals as independent contractors in order to avoid paying overtime. In all likelihood, this is illegal. If

Unpaid Wages – Interest

On June 26, 2017, in a case of first impression argued by Attorney Adam J. Shafran, the Massachusetts Supreme Judicial Court issued a unanimous 7-0 decision holding that employees who are owed unpaid wages are entitled to recover prejudgment interest at the rate of 1% a month on their unpaid wages in addition to recovering an award of mandatory treble

Unpaid Overtime: Salary Alone Is Not Enough

Do you not get paid overtime because your employer pays you a salary? One of the most common misconceptions that I come across are employees who think they are not entitled to be paid overtime because they are paid on a salary. Stated simply; salary alone is not enough to exempt you from overtime. In order for your employer to

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

Overtime Exemption for Administrative Employees Narrowed

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts Court Finds Non-solicitation Agreement Enforceable

Overtime Wages – Medical Transportation

Unpaid Wages – Interest

Unpaid Overtime: Salary Alone Is Not Enough

Adam J. Shafran

Adam J. Shafran

(617) 419-0074

Adam J. Shafran

Work & The Law

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

Overtime Exemption for Administrative Employees Narrowed

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts Court Finds Non-solicitation Agreement Enforceable

Overtime Wages – Medical Transportation

Unpaid Wages – Interest

Unpaid Overtime: Salary Alone Is Not Enough

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

Overtime Exemption for Administrative Employees Narrowed

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts Court Finds Non-solicitation Agreement Enforceable

Overtime Wages – Medical Transportation

Unpaid Wages – Interest

Unpaid Overtime: Salary Alone Is Not Enough

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