Work & The Law

Draws Against Commissions Paid to Employee Ruled Not Recoverable

A Federal Court judge has dismissed an employer’s attempt to recover draws paid against commissions to an employee because the contract failed to specify that they were recoverable. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Both parties agree that a May 7, 2021 offer letter from Defendants to Plaintiff operated as an employment

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As An Employee Am I Entitled To Be Compensated For Travel Time Under Massachusetts Employment Laws?

Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows: (a)   Ordinary travel between home and work is not compensable working time. (b)

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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

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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 »

Draws Against Commissions Paid to Employee Ruled Not Recoverable

A Federal Court judge has dismissed an employer’s attempt to recover draws paid against commissions to an employee because the contract failed to specify that they were recoverable. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Both parties agree that a May 7, 2021 offer letter from Defendants to Plaintiff operated as an employment

Read More »

As An Employee Am I Entitled To Be Compensated For Travel Time Under Massachusetts Employment Laws?

Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows: (a)   Ordinary travel between home and work is not compensable working time. (b)

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 »

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 »