Work & The Law

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

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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

Read More »

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

Read More »

Unpaid Wages: Compensation for On-Call Time

Employers often think they are entitled to have their employees “on-call” and do not have to pay them for such time so long as the employee is not performing any work during the on-call time. This is incorrect, and Massachusetts has specific laws governing the compensation of on-call time. They are as follows: On-call Time: All on-call time is compensable

Read More »

Misclassified as Independent Contractors : Class Certification Granted

In the summer of 2014, Adam Shafran of Rudolph Friedmann and co-counsel in Boston and San Francisco filed a putative class action complaint alleging that all former and current California based distributors of Pepperidge Farm, Inc. (a/k/a Sales Development Associates) have been misclassified as independent contractors by Pepperidge Farm. The class action complaint seeks to recover damages on behalf of

Read More »

Unpaid Meal Breaks – Does It Pay To Eat?

In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether thirty-minute meal breaks constitute compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. (“Longwood”) maintained a company policy pursuant to which its employees/security

Read More »

Massachusetts Prevailing Wage Law Primer

The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction and non-construction projects throughout the Commonwealth of Massachusetts. The Massachusetts Department of Labor Standards (DLS) is the state administrative agency that is responsible for issuing prevailing wage rates and routinely provides guidance and interpretation on all issues related to the law. Before obtaining bids for any

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies (“Smart”) to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors by Smart. Smart is a non-emergency medical transportation company

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Compensable Travel Time for Employees

Travel time by an employee may be considered compensable work time under Massachusetts Wage and Hour Law and the Fair Labor Standards Act.  Employers should be aware of exactly what travel time would be considered time worked and make sure they pay their employees according to these laws.  In a class action complaint, Escorbor v. Helping Hands Co., Inc., employees

Read More »

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

Read More »

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

Read More »

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

Read More »

Unpaid Wages: Compensation for On-Call Time

Employers often think they are entitled to have their employees “on-call” and do not have to pay them for such time so long as the employee is not performing any work during the on-call time. This is incorrect, and Massachusetts has specific laws governing the compensation of on-call time. They are as follows: On-call Time: All on-call time is compensable

Read More »

Misclassified as Independent Contractors : Class Certification Granted

In the summer of 2014, Adam Shafran of Rudolph Friedmann and co-counsel in Boston and San Francisco filed a putative class action complaint alleging that all former and current California based distributors of Pepperidge Farm, Inc. (a/k/a Sales Development Associates) have been misclassified as independent contractors by Pepperidge Farm. The class action complaint seeks to recover damages on behalf of

Read More »

Unpaid Meal Breaks – Does It Pay To Eat?

In a recent class action law suit brought by employees of a security company, the Massachusetts Superior Court described the legal standard to be applied when determining whether thirty-minute meal breaks constitute compensable working time. In this case brought under the Massachusetts Wage Act, the employer Longwood Security Services Inc. (“Longwood”) maintained a company policy pursuant to which its employees/security

Read More »

Massachusetts Prevailing Wage Law Primer

The Massachusetts Prevailing Wage Law establishes minimum wage rates for workers on public construction and non-construction projects throughout the Commonwealth of Massachusetts. The Massachusetts Department of Labor Standards (DLS) is the state administrative agency that is responsible for issuing prevailing wage rates and routinely provides guidance and interpretation on all issues related to the law. Before obtaining bids for any

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies (“Smart”) to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors by Smart. Smart is a non-emergency medical transportation company

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Compensable Travel Time for Employees

Travel time by an employee may be considered compensable work time under Massachusetts Wage and Hour Law and the Fair Labor Standards Act.  Employers should be aware of exactly what travel time would be considered time worked and make sure they pay their employees according to these laws.  In a class action complaint, Escorbor v. Helping Hands Co., Inc., employees

Read More »