Work & The Law

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

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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

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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

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Earned Sick Time for Massachusetts’ Employees

Beginning on July 1, 2015, employees who work for employers having eleven or more employees will be eligible to earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers could earn and use up to 40 hours of unpaid sick time per calendar year.

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Remedies Under the Massachusetts Wage Act

The Massachusetts Wage Act protects employees by requiring the prompt payment of wages within six days of being earned. G.L. c. 149 § 148. The Courts have defined the purpose of the Wage Act to limit the time between the completion of an employee’s work and the payment of their wages. It protects employees from the unreasonable suppression of wages

Read More »

Massachusetts Law Regarding Unpaid Interns

Employers who hire unpaid interns face heavy scrutiny under Massachusetts wage and hour laws. Massachusetts employers must pay their interns state minimum wages unless the employer can demonstrate that their unpaid intern is exempt under both the state’s criteria, and the six part test used by the United States Department of Labor under federal law.

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Mandatory Treble Damages in Wage Act Claims

A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award. “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and

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 »

Earned Sick Time for Massachusetts’ Employees

Beginning on July 1, 2015, employees who work for employers having eleven or more employees will be eligible to earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers could earn and use up to 40 hours of unpaid sick time per calendar year.

Read More »

Remedies Under the Massachusetts Wage Act

The Massachusetts Wage Act protects employees by requiring the prompt payment of wages within six days of being earned. G.L. c. 149 § 148. The Courts have defined the purpose of the Wage Act to limit the time between the completion of an employee’s work and the payment of their wages. It protects employees from the unreasonable suppression of wages

Read More »

Massachusetts Law Regarding Unpaid Interns

Employers who hire unpaid interns face heavy scrutiny under Massachusetts wage and hour laws. Massachusetts employers must pay their interns state minimum wages unless the employer can demonstrate that their unpaid intern is exempt under both the state’s criteria, and the six part test used by the United States Department of Labor under federal law.

Read More »

Mandatory Treble Damages in Wage Act Claims

A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award. “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and

Read More »