Massachusetts Employment Law Blog

The Supreme Judicial Court ruled that employers cannot deny an earned vacation payout after termination. The court struck down the vacation policy of the Electronic Data Systems Corporation. The decision made it clear: When vacation is earned, it must be paid out. The ruling confirmed this in the case filed by the Massachusetts Attorney General.…

A recent federal ruling confirmed that workers on reservations are protected by overtime laws. Specifically, the court held that retail employers must follow the Fair Labor Standards Act even when the business is located on tribal reservation land. The Court of Appeals for the Ninth Circuit ruled that Baby Zack’s Smoke Shop must pay overtime…

Employers can not coerce employees to work for free, deferring wages until the occurrence of some event. Oftentimes employers short of cash turn to their number one expense item, employee wages. In an effort to reduce their expenses some employers take their needs to an extreme, asking employees to work for free, accruing wages on…

Powerful business lobby groups backed new legislation to reshape worker wage claims in Massachusetts. The proposal comes under Bill H3583. It targets treble damage payouts. Those payouts currently help workers regain lost wages and secure penalties when companies break wage rules. If passed, this bill will force employees to prove willful intent before they claim…

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…