Work & The Law

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 »

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 »

Independent Contractors – Class Actions

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

Read More »

Retaliation Against Employee’s Under the Wage Act

Under the Massachusetts’ Wage Act, employees are protected against retaliation from their employers. Aggrieved employees may bring an action for injunctive relief, damages, lost wages and other benefits against their employers. Section 148A of the Wage Act provides: “No employee shall be penalized by an employer in any way as a result of any action on the part of an

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 »

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 »

Independent Contractors – Class Actions

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

Read More »

Retaliation Against Employee’s Under the Wage Act

Under the Massachusetts’ Wage Act, employees are protected against retaliation from their employers. Aggrieved employees may bring an action for injunctive relief, damages, lost wages and other benefits against their employers. Section 148A of the Wage Act provides: “No employee shall be penalized by an employer in any way as a result of any action on the part of an

Read More »

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