Work & The Law

Class Certification Granted and Summary Judgment for Employer Denied in Unpaid Overtime Case

A judge in the Business Litigation Session in Suffolk Superior Court has granted class certification and denied an employer summary judgment on an unpaid overtime claim brought on behalf of so-called Residential Energy Specialists employed by RISE Engineering. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Darrin Duty, a former employee of Thielsch Engineering, Inc. d/b/a RISE Engineering (‘RISE’),

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Conditional Certification of FLSA Claim Granted for Employees of Seasons Corner Market

A U.S. District Court judge for the District of Massachusetts has granted a motion for conditional certification of FLSA claims brought against Seasons Corner Market for unlawfully rounding employees’ time worked. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “This is a putative collective and class action brought for nonpayment of wages to cashiers and

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Non-Discretionary Bonuses and Unreimbursed Expenses Covered by Massachusetts Wage Act

A U.S. District Court judge for the District of Massachusetts has denied an employer’s motion to dismiss, finding that bonuses which are non-discretionary, as well as unreimbursed employee expenses, including travel expenses can be protected by the Massachusetts Wage Act. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff George Serebrennikov’s Amended Complaint [Doc. No.

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Jordan’s Furniture Pay Plan Violates Massachusetts Overtime Law

The Massachusetts Supreme Judicial Court has held that Jordan’s Furniture’s pay plan for its sales employees violates Massachusetts overtime law by unlawfully utilizing draws against commissions to cover its overtime obligations. The SJC makes clear that employers cannot use commissions or draws against commissions to cover the overtime compensation owed to employees. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens

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$10.2 Million Severance Agreement Upheld – Dahua Technology

The U.S. District Court for the District of Massachusetts has refused to reform a severance agreement entitling former executive to a $10.2 million severance payment, finding that the employer failed to establish the existence of a mutual mistake as to the severance payment amount. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc.

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Class Certification of Unpaid Wage and Overtime Claims Granted

The U.S. District Court for the District of Massachusetts has granted class certification of claims for unpaid straight time and overtime wages brought by construction/drywall employees. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “In this class action, project workers Jose C. Ruiz (‘J.R.’), Cruz Eduardo Ruiz (‘C.R.’) and Lukasz Zajkowski (‘Zajkowski’) (collectively, and together with

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Deductions from Wages Deemed Impermissible

The U.S. District Court for the District of Massachusetts has denied an employer’s motion for summary judgment, ruling that certain deductions from wages, even when part of the employer’s formula to determine wages owed,  is impermissible. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose Dilone, and Victor Amora bring

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Unpaid Commission Claim to Proceed

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’)

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Delivery Drivers Misclassified as Independent Contractors

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

Read More »

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 »

Class Certification Granted and Summary Judgment for Employer Denied in Unpaid Overtime Case

A judge in the Business Litigation Session in Suffolk Superior Court has granted class certification and denied an employer summary judgment on an unpaid overtime claim brought on behalf of so-called Residential Energy Specialists employed by RISE Engineering. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Darrin Duty, a former employee of Thielsch Engineering, Inc. d/b/a RISE Engineering (‘RISE’),

Read More »

Conditional Certification of FLSA Claim Granted for Employees of Seasons Corner Market

A U.S. District Court judge for the District of Massachusetts has granted a motion for conditional certification of FLSA claims brought against Seasons Corner Market for unlawfully rounding employees’ time worked. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “This is a putative collective and class action brought for nonpayment of wages to cashiers and

Read More »

Non-Discretionary Bonuses and Unreimbursed Expenses Covered by Massachusetts Wage Act

A U.S. District Court judge for the District of Massachusetts has denied an employer’s motion to dismiss, finding that bonuses which are non-discretionary, as well as unreimbursed employee expenses, including travel expenses can be protected by the Massachusetts Wage Act. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff George Serebrennikov’s Amended Complaint [Doc. No.

Read More »

Jordan’s Furniture Pay Plan Violates Massachusetts Overtime Law

The Massachusetts Supreme Judicial Court has held that Jordan’s Furniture’s pay plan for its sales employees violates Massachusetts overtime law by unlawfully utilizing draws against commissions to cover its overtime obligations. The SJC makes clear that employers cannot use commissions or draws against commissions to cover the overtime compensation owed to employees. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens

Read More »

$10.2 Million Severance Agreement Upheld – Dahua Technology

The U.S. District Court for the District of Massachusetts has refused to reform a severance agreement entitling former executive to a $10.2 million severance payment, finding that the employer failed to establish the existence of a mutual mistake as to the severance payment amount. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc.

Read More »

Class Certification of Unpaid Wage and Overtime Claims Granted

The U.S. District Court for the District of Massachusetts has granted class certification of claims for unpaid straight time and overtime wages brought by construction/drywall employees. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “In this class action, project workers Jose C. Ruiz (‘J.R.’), Cruz Eduardo Ruiz (‘C.R.’) and Lukasz Zajkowski (‘Zajkowski’) (collectively, and together with

Read More »

Deductions from Wages Deemed Impermissible

The U.S. District Court for the District of Massachusetts has denied an employer’s motion for summary judgment, ruling that certain deductions from wages, even when part of the employer’s formula to determine wages owed,  is impermissible. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose Dilone, and Victor Amora bring

Read More »

Unpaid Commission Claim to Proceed

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’)

Read More »

Delivery Drivers Misclassified as Independent Contractors

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

Read More »

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 »

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