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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
Beginning on December 1, 2016, nearly 5 million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s. Currently, executive, administrative and professional employees earning a salary of more than $23,660 per year are not eligible to receive overtime compensation when
An inconsistency between Massachusetts’ real estate statue and Massachusetts’ independent contract statute prompted plaintiffs to bring an action against the real estate companies they worked for. Plaintiffs argued they were improperly classified as independent contractors paid on a commission only basis, despite their employer exerting the type of direction and control over their activities more commonly associated with an employer-employee
Employees at Dunkin’ Donuts have taken issue with their restaurant’s ‘no-tipping policy.’ Employees sued Dunkin’ Donuts on the grounds that the no-tipping policy and the implementation of that policy and it’s enforcement violates the Massachusetts Tip Act. G.L. c. 149 § 152A.
Massachusetts overtime law (G.L.c. 151, §1A) requires employers to pay their employees a rate no less than one and one half their regular rate after working longer than forty hours in one week. There are several exceptions including workers employed in a hotel, motel, motor court or like establishment, and in a restaurant.
Under the Massachusetts Tips Act, employees are afforded the protection to receive the benefit of tips or gratuities paid to them by customers during the course of their employment. The statute also helps by ensuring customers that any tip or gratuity will be for the benefit of the employee to whom it is given.
Where a collective bargaining agreement requires wage claims to be arbitrated, the agreement to arbitrate is enforceable so long as relief can be provided within the collective bargaining agreement process.
A class action may be maintained if, among other things, the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. As a preliminary matter, it is not completely implausible for
Under the McNamara O’Hara Service Contract Act, employee plaintiffs have no private right of action against defendant employers for alleged failure to pay prevailing wages.
In Massachusetts, all employees are protected against wrongful termination under what is commonly known as the public policy doctrine. As explained by the Supreme Judicial Court, the doctrine provides a remedy to an at-will employee who is “terminated contrary to a well-defined public policy.” The remedy “is available for employees who are terminated for asserting a legally guaranteed right (e.g.,
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
Beginning on December 1, 2016, nearly 5 million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s. Currently, executive, administrative and professional employees earning a salary of more than $23,660 per year are not eligible to receive overtime compensation when
An inconsistency between Massachusetts’ real estate statue and Massachusetts’ independent contract statute prompted plaintiffs to bring an action against the real estate companies they worked for. Plaintiffs argued they were improperly classified as independent contractors paid on a commission only basis, despite their employer exerting the type of direction and control over their activities more commonly associated with an employer-employee
Employees at Dunkin’ Donuts have taken issue with their restaurant’s ‘no-tipping policy.’ Employees sued Dunkin’ Donuts on the grounds that the no-tipping policy and the implementation of that policy and it’s enforcement violates the Massachusetts Tip Act. G.L. c. 149 § 152A.
Massachusetts overtime law (G.L.c. 151, §1A) requires employers to pay their employees a rate no less than one and one half their regular rate after working longer than forty hours in one week. There are several exceptions including workers employed in a hotel, motel, motor court or like establishment, and in a restaurant.
Under the Massachusetts Tips Act, employees are afforded the protection to receive the benefit of tips or gratuities paid to them by customers during the course of their employment. The statute also helps by ensuring customers that any tip or gratuity will be for the benefit of the employee to whom it is given.
Where a collective bargaining agreement requires wage claims to be arbitrated, the agreement to arbitrate is enforceable so long as relief can be provided within the collective bargaining agreement process.
A class action may be maintained if, among other things, the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. As a preliminary matter, it is not completely implausible for
Under the McNamara O’Hara Service Contract Act, employee plaintiffs have no private right of action against defendant employers for alleged failure to pay prevailing wages.
In Massachusetts, all employees are protected against wrongful termination under what is commonly known as the public policy doctrine. As explained by the Supreme Judicial Court, the doctrine provides a remedy to an at-will employee who is “terminated contrary to a well-defined public policy.” The remedy “is available for employees who are terminated for asserting a legally guaranteed right (e.g.,
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Call Attorney Shafran Today!