Work & The Law

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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Understanding Overtime Entitlement for Salaried Employees in Massachusetts

As an employee in Massachusetts, it is important to know your rights and entitlements when it comes to overtime pay. One common misconception among salaried employees is that they are not entitled to overtime pay. However, this is not always the case, and it depends on various factors that determine eligibility for overtime pay.  What is Overtime Pay?   Overtime

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Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

A U.S. District Court judge has denied a motion to dismiss a Virginia-based employee’s Massachusetts Wage Act and 151 discrimination claims, finding that the employer’s Massachusetts headquarters, the employee’s regular communication with Massachusetts-based employees, and the employee’s business travel to Massachusetts was sufficient to state a claim for violation of Massachusetts law. United States District Court SUMMARY: (court decision – opens

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Baked Goods Distributors Alleging Independent Contractor Misclassification Not Required To Arbitrate Claims.

The U.S. Court of Appeals for the First Circuit has ruled that baked goods distributors alleging they were misclassified as independent contractors are not required to arbitrate their claims, finding that they fall within the transportation worker exemption set forth in Section One of the Federal Arbitration Act. United States Court of Appeals SUMMARY: (court decision – opens in PDF) “This

Read More »

Executive Employment Agreements in Massachusetts

Executive Employment Agreements are written contracts between an executive employee and an employer. These agreements outline the terms and conditions of the executive’s employment, including the responsibilities, compensation, benefits, and termination procedures. The purpose of these agreements is to protect both the employer and the executive employee and ensure that there is mutual understanding regarding the terms of their relationship.

Read More »

Overtime Wage Laws in Massachusetts: What Employees Need to Know

In Massachusetts, employees are entitled to receive overtime pay for any hours worked over 40 in a given workweek. The overtime rate is 1.5 times the employee’s regular hourly rate. This means that if an employee earns $20 per hour, they would be entitled to receive $30 per hour for any overtime hours worked. However, there are some exceptions to

Read More »

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

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 »

Understanding Overtime Entitlement for Salaried Employees in Massachusetts

As an employee in Massachusetts, it is important to know your rights and entitlements when it comes to overtime pay. One common misconception among salaried employees is that they are not entitled to overtime pay. However, this is not always the case, and it depends on various factors that determine eligibility for overtime pay.  What is Overtime Pay?   Overtime

Read More »

Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

A U.S. District Court judge has denied a motion to dismiss a Virginia-based employee’s Massachusetts Wage Act and 151 discrimination claims, finding that the employer’s Massachusetts headquarters, the employee’s regular communication with Massachusetts-based employees, and the employee’s business travel to Massachusetts was sufficient to state a claim for violation of Massachusetts law. United States District Court SUMMARY: (court decision – opens

Read More »

Baked Goods Distributors Alleging Independent Contractor Misclassification Not Required To Arbitrate Claims.

The U.S. Court of Appeals for the First Circuit has ruled that baked goods distributors alleging they were misclassified as independent contractors are not required to arbitrate their claims, finding that they fall within the transportation worker exemption set forth in Section One of the Federal Arbitration Act. United States Court of Appeals SUMMARY: (court decision – opens in PDF) “This

Read More »

Executive Employment Agreements in Massachusetts

Executive Employment Agreements are written contracts between an executive employee and an employer. These agreements outline the terms and conditions of the executive’s employment, including the responsibilities, compensation, benefits, and termination procedures. The purpose of these agreements is to protect both the employer and the executive employee and ensure that there is mutual understanding regarding the terms of their relationship.

Read More »

Overtime Wage Laws in Massachusetts: What Employees Need to Know

In Massachusetts, employees are entitled to receive overtime pay for any hours worked over 40 in a given workweek. The overtime rate is 1.5 times the employee’s regular hourly rate. This means that if an employee earns $20 per hour, they would be entitled to receive $30 per hour for any overtime hours worked. However, there are some exceptions to

Read More »

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Read More »

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Read More »

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

Read More »

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