The Massachusetts Appeals Court has affirmed that all employees who receive commissions as a part of their compensation packages, are entitled to the protections of the Massachusetts Wage Act. The case is Okerman v. VA Software. According to the plain language of the statute, the Massachusetts Wage Act applies “to the ...
August 7, 2007Philip Gordon
The First Circuit has ruled that corporate officers may be held personally liable for a corporation’s failure to pay to pay its employees proper wages under the Fair Labor Standards Act (“FLSA”). While the district courts in the First Circuit have been willing to impose personal liability on corporate ...
July 7, 2007Philip Gordon
On June 11, 2007, the United States Supreme Court confirmed that a Department of Labor regulation, which states that companionship workers who are employed by an employer or agency other than the family or household using their service are exempt from the provisions of the Fair Labor Standards Act, is ...
June 14, 2007Philip Gordon
Contrary to the belief of some computer industry executives, many IT Support Specialists are entitled to overtime for their work. The new Fair Labor Standards Act regulations, effective on August 23, 2004, created an exemption for computer employees, including systems analysts, programmers, software engineers and other similarly skilled workers. ...
November 10, 2006Philip Gordon
Good news and bad for light-weight vehicle operators. A recent court case from Georgia (Dell’Orfano v. Ikon Office Solutions, Inc.) confirms that truck drivers operating vehicles weighing 10,001 pounds or less in interstate commerce must be paid overtime under the Fair labor Standards Act (FLSA). The first decision ...
October 1, 2006Philip Gordon
Managing Partner Philip Gordon was a guest on WBIX-AM’s “Money Matters” Show with host Barry Armstrong, on September 8, 2006. The segment discussed Massachusetts Wage and Labor Law and a bill designed to protect workers employers who withhold wages, salaries and benefits, and protect law-abiding business from the resulting unfair ...
September 8, 2006Philip Gordon
Today, just three days after Labor Day, Governor Mitt Romney vetoed a bi-partisan bill clarifying provisions of the law protecting a workers’ right to be paid for their work. The bill, which was passed by the legislature last week and sent to the Governor’s desk without opposition from any legislator ...
September 7, 2006Philip Gordon
Managing Partner Philip Gordon was an in-studio guest on WBZ-AM’s “The Paul Sullivan Show,” on September 4, 2006, along with State Representative Peter Koutoujian. The segment discussed Massachusetts Wage and Labor Law and a bill designed to protect workers from unscrupulous employers who withhold wages, salaries and benefits, and protect ...
September 4, 2006Philip Gordon
The Massachusetts Senate and House have enacted a bi-partisan bill designed to protect workers from unscrupulous employers who withhold wages, salaries and benefits, and protect law-abiding business from the resulting unfair competition. Filed by Senators Cynthia Creem and Steven Tolman, and Representatives Peter Koutoujian and Martin Walsh, the bill ...
August 31, 2006Philip Gordon
The Massachusetts Supreme Judicial Court has ruled that employees who make internal complaints regarding wage violations are protected against retaliation from their employers. These are the whistleblowing protections under the Wage Act. In Smith v. Winter Place LLC, 447 Mass. 363 (August 1, 2006), the Supreme Judicial Court ...
August 7, 2006Philip Gordon
A Federal District Court has denied a motion to dismiss a claim brought by employees seeking to bring a class action lawsuit against their employer under the Fair Labor Standards Act (FLSA) for nonpayment of overtime wages, in spite of a class action waiver found in the employer’s dispute resolution ...
May 1, 2006Philip Gordon
The United States Immigration and Customs Enforcement (ICE) today announced the arrest of seven current and former managers of IFCO Systems North America, Inc. (IFCO) as part of a new initiative to crack down on employers of undocumented workers. The arrests were made in connection with the “second phase” of the ...
April 20, 2006Philip Gordon
Recently, several large financial services firms, including Merrill Lynch, Morgan Stanley and UBS, have paid more than $160 million to settle state and federal overtime lawsuits brought by stockbrokers and financial advisors. The core issues in these cases suggest the risks employers face in classifying employees as “exempt” from ...
April 1, 2006Philip Gordon
A recent Massachusetts Superior Court case, O'Connor v. U.S. Art Co. Inc., held that the firing a minority shareholder by the majority shareholders in a closely held corporation was a dereliction of fiduciary duty, calling into question the applicability of at-will employment rules in this context. O’Connor and Lank formed ...
December 1, 2005Philip Gordon
Who is an employer under the Massachusetts Wage Act? It’s a question we commonly face in representing employees in their disputes with employers over wages. A recent decision has recognized that investors who involve themselves closely in management and decision making – especially a decision not to pay ...
July 29, 2005Philip Gordon
S. 928 – An Act to Protect Employee Wages and H. 3775 – An Act to Protect Employees from Unscrupulous Employers Introduction (by Philip J. Gordon) Chairman McGee, Chairman Rodrigues and distinguished members of the Committee. Good morning. We are here today to ask you to clarify Massachusetts law so there is no mistake ...
June 15, 2005Philip Gordon
The First Circuit Court of Appeals recently held, in Campbell v. General Dynamics Government Systems Corp., that an employer’s use of email was insufficient to notify employees regarding a mandatory arbitration policy. As a result, the court dismissed the company’s attempt to force employees to arbitrate a grievance under the ...
June 9, 2005Philip Gordon
The United States Department of Labor has issued rules revising the criteria used to determine whether employees may be classified as “exempt” (e.g., salaried) from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA). These rules went effective August, 2004. The last significant change they ...
August 10, 2004Philip Gordon