Massachusetts Employment Law Blog

Gordon Law Group, LLP partnered with legal aid groups to secure a major settlement against Michael Bianco, Inc.. The agreement returns unpaid wages and overtime compensation to 764 former workers. The settlement totals $850,000 and covers 764 impacted workers from a New Bedford defense-gear factory. Crucially, 764 former applicants will share back pay, medical costs,…

The Massachusetts Supreme Judicial Court, in Mullally v. Waste Management of Massachusetts, has ruled that employers must use the prevailing rate for purposes of calculating overtime on all public works projects. The Massachusetts overtime statute, M.G.L. c. 151, § 1A, states that “no employer in the commonwealth shall employ any of his employees …for a…

A major Wal-Mart decision got overturned. The class action can now continue. Also, the court confirmed meal and rest breaks have real value. Workers can still recover damages for missed break time. What Happened in Court Later, the Supreme Judicial Court of Massachusetts overturned multiple lower court decisions. It also reversed summary judgment on several…

The Massachusetts Wage Act finally received a major clarification. The amendment started on July 13, 2008. It confirmed that workers can collect triple (treble) damages when companies fail to pay earned wages on time. This applies when employees file lawsuits to recover pay. Additionally, lawmakers reinforced that the Commonwealth will treat wage theft as a…

On May 15, 2008, the U.S. Department of Labor issued guidance that clarified how companies must pay workers for compensable time under the Fair Labor Standards Act. The update confirmed that companies must count missed meal periods and extra shift reporting time as paid work time. This also impacts overtime calculations. What the DOL Confirms…

In 2008, the Massachusetts Attorney General’s Office released guidance on the 2004 update to Massachusetts Independent Contractor Law. The law presumes a worker is an employee. So, it makes employers carry the burden of proof. The advisory explains when a company can treat a worker as a contractor instead. The 3-Part Test Employers Must Prove…

More than 500 current and former workers from the New Bedford factory Michael Bianco, Inc. filed a federal class action lawsuit. The case alleges wage theft, unpaid overtime, and illegal time deductions. Key Allegations Explained Clearly The lawsuit claims the company built a payroll scheme to avoid paying overtime. Many workers logged a full day…

The Federal District Court of Florida just ruled in Galdames v. N&D Investment Corp., that undocumented workers are entitled to the same protections of the federal overtime laws as those workers who are in the United States legally. Specifically, the Court held that “Defendants argument that Jaqueline Galdames and Guillermo Osorio are illegal aliens not…

February 17, 2008 The Hon. Deval Patrick, GovernorOffice of the GovernorState HouseBoston, MA 02133 RE: Effort to Clarify the Massachusetts Wage Act Dear Governor Patrick: I wrote to you in December 2006, as you were assembling your transition team, about a piece of bi-partisan legislation that passed both the House and Senate without objection and…

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 payment of commissions when…