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        <title><![CDATA[wages - Gordon Law Group, LLP]]></title>
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                <title><![CDATA[BSO Musicians Support Equal Pay Plaintiff Onstage, Remain Silent Offstage]]></title>
                <link>https://www.gordonllp.com/blog/bso-musicians-applaud-equal-pay-plaintiff-and-fellow-musician-onstage-are-mum-offstage/</link>
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                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Mon, 09 Jul 2018 02:55:50 GMT</pubDate>
                
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                <description><![CDATA[<p>Gordon Law Group featured in wbur in support of star BSO flutists Equal Pay Act lawsuit against the BSO (View Article) BSO Musicians Applaud Equal Pay: A Landmark Victory for Fair Compensation in the Arts In a groundbreaking development, BSO musicians applaud equal pay as a major legal victory for fair compensation in the arts.&hellip;</p>
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                <content:encoded><![CDATA[
<p>Gordon Law Group featured in wbur in support of star BSO flutists Equal Pay Act lawsuit against the BSO <a href="http://www.wbur.org/artery/2018/07/09/bso-musicians-applaud-equal-pay-plaintiff-and-fellow-musician-onstage-are-mum-offstage">(View Article)</a></p>



<h2 class="wp-block-heading" id="h-bso-musicians-applaud-equal-pay-a-landmark-victory-for-fair-compensation-in-the-arts">BSO Musicians Applaud Equal Pay: A Landmark Victory for Fair Compensation in the Arts</h2>



<p>In a groundbreaking development, <strong>BSO musicians applaud equal pay</strong> as a major legal victory for fair compensation in the arts. The legal case, which involved a pay disparity between musicians in the Baltimore Symphony Orchestra (BSO), has sparked widespread discussions about wage equality in the performing arts industry. The plaintiffs, including one of the lead musicians, have now been recognized for their efforts to challenge pay inequality within such prestigious cultural institutions.</p>



<h3 class="wp-block-heading" id="h-the-case-challenging-pay-disparity-in-the-bso">The Case: Challenging Pay Disparity in the BSO</h3>



<p>The lawsuit, brought by several musicians within the BSO, was centered around claims of unequal pay for musicians performing the same roles. The plaintiffs argued that despite similar qualifications, experience, and duties, there were significant pay gaps based on gender and race. This case has not only brought attention to these inequities within the orchestra but has also shed light on broader issues of wage discrimination in the arts, including orchestras and performing arts companies nationwide.</p>



<p>The court’s ruling has been a victory for the musicians, with the BSO agreeing to a comprehensive settlement to address these disparities. This settlement includes pay increases, as well as policy changes aimed at ensuring equal compensation for all musicians going forward. The case has been heralded as a turning point for fair wages in the performing arts, and <strong>BSO musicians applaud equal pay</strong> as a significant achievement.</p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h2 class="wp-block-heading" id="h-bso-musicians-applaud-equal-pay-what-this-means-for-the-future-of-wage-equality">BSO Musicians Applaud Equal Pay: What This Means for the Future of Wage Equality</h2>



<p>The <strong>BSO musicians applaud equal pay</strong> as not just a win for the plaintiffs, but as a victory for all artists seeking fair and equal compensation. The ruling has set an important precedent for other cultural institutions and arts organizations to follow. For the first time in years, it’s clear that <strong>pay equity</strong> in the arts is being taken seriously, with tangible steps toward real change.</p>



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                <title><![CDATA[World-Class Musician Alleges Pay Gap, Sues Over Earning 75% of Male Peers’ Wages]]></title>
                <link>https://www.gordonllp.com/blog/a-world-class-musician-says-she-makes-75-of-what-her-male-counterparts-make-now-she-is-suing/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/a-world-class-musician-says-she-makes-75-of-what-her-male-counterparts-make-now-she-is-suing/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Fri, 06 Jul 2018 02:51:33 GMT</pubDate>
                
                    <category><![CDATA[News]]></category>
                
                
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                <description><![CDATA[<p>Gordon Law Group featured on CNN in support of world-class BSO flutists lawsuit against the BSO under Equal Pay Act (View Article) World Class Musician Says She Makes 75% of What Her Male Counterparts Make—Now She Is Suing for Equal Pay A world class musician says she has been paid just 75% of what her&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Gordon Law Group featured on CNN in support of world-class BSO flutists lawsuit against the BSO under Equal Pay Act <a href="https://www.cnn.com/2018/07/06/us/flutist-equal-pay-lawsuit/index.html">(View Article)</a></p>



<h2 class="wp-block-heading" id="h-world-class-musician-says-she-makes-75-of-what-her-male-counterparts-make-now-she-is-suing-for-equal-pay">World Class Musician Says She Makes 75% of What Her Male Counterparts Make—Now She Is Suing for Equal Pay</h2>



<p>A <strong>world class musician says</strong> she has been paid just <strong>75% of what her male counterparts make</strong> for the same work, leading her to file a lawsuit for <strong>equal pay</strong>. The prominent musician, whose career spans international stages, claims that despite performing the same duties, she has faced significant wage disparities based on gender. The case is generating major buzz in the arts and entertainment industries, as it sheds light on the ongoing issue of pay inequality even among highly accomplished professionals.</p>



<h3 class="wp-block-heading" id="h-the-disparity-unequal-pay-for-comparable-work">The Disparity: Unequal Pay for Comparable Work</h3>



<p>The lawsuit, filed by a <strong>world class musician</strong>, focuses on the wage gap she has experienced throughout her career. Despite performing the same roles, with the same level of skill, experience, and responsibility, she has been consistently paid less than her male colleagues. The musician’s complaint highlights the stark contrast in compensation, where she makes only 75% of what male musicians earn for equivalent performances and work.</p>



<p>The suit specifically alleges that the <strong>employer</strong> in question has violated <strong>equal pay laws</strong>, including the <strong>Massachusetts Equal Pay Act</strong>, which mandates that employees be paid equally for comparable work regardless of gender. This case represents an important step toward closing the gender pay gap in the arts, a field where such disparities are often overlooked.</p>



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                <title><![CDATA[The BSO’s Principal Flutist Says She is Paid Far Less Than The Man Who is The Principal Oboist – The Boston Globe]]></title>
                <link>https://www.gordonllp.com/blog/the-bsos-principal-flutist-says-she-is-paid-far-less-than-the-man-who-is-the-principal-oboist-the-boston-globe/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/the-bsos-principal-flutist-says-she-is-paid-far-less-than-the-man-who-is-the-principal-oboist-the-boston-globe/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Fri, 06 Jul 2018 02:50:08 GMT</pubDate>
                
                    <category><![CDATA[News]]></category>
                
                
                    <category><![CDATA[boston globe]]></category>
                
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                    <category><![CDATA[discrimination]]></category>
                
                    <category><![CDATA[elizabeth rodgers]]></category>
                
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                <description><![CDATA[<p>Gordon Law Group featured in The Boston Globe in support of BSO Flutist and first suit under Massachusetts Equal Pay Act (View Article) The BSO’s Principal Flutist Says She Is Paid Far Less Than the Man Who Is the Principal Oboist: A Legal Battle for Equal Pay In a bold and significant move, the BSO’s&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Gordon Law Group featured in The Boston Globe in support of BSO Flutist and first suit under Massachusetts Equal Pay Act <a href="https://www.bostonglobe.com/arts/2018/07/05/bso-principal-flutist-sues-for-equal-pay/Mx9KncUJ0P2wXqOUaTJUlJ/story.html" target="_blank" rel="noreferrer noopener">(View Article)</a></p>



<h2 class="wp-block-heading" id="h-the-bso-s-principal-flutist-says-she-is-paid-far-less-than-the-man-who-is-the-principal-oboist-a-legal-battle-for-equal-pay">The BSO’s Principal Flutist Says She Is Paid Far Less Than the Man Who Is the Principal Oboist: A Legal Battle for Equal Pay</h2>



<p>In a bold and significant move, <strong>the BSO’s principal flutist says</strong> she is paid far less than the male musician who holds the position of principal oboist, despite both performing comparable roles within the orchestra. This public statement, made in an exclusive interview with <strong>The Boston Globe</strong>, has brought to light the issue of wage disparity in the world of classical music, prompting discussions about gender pay equality in the arts.</p>



<h3 class="wp-block-heading" id="h-the-case-challenging-pay-disparity-in-the-boston-symphony-orchestra">The Case: Challenging Pay Disparity in the Boston Symphony Orchestra</h3>



<p>The <strong>principal flutist’s claim</strong> of unequal pay against the <strong>Boston Symphony Orchestra (BSO)</strong> has gained considerable attention, as she asserts that despite having the same seniority, performing the same level of work, and contributing equally to the orchestra’s success, she is paid significantly less than her male counterpart. Her case is rooted in the Massachusetts <strong>Equal Pay Act</strong>, which mandates that employees performing comparable work be compensated equally, regardless of gender.</p>



<p>In the interview, the principal flutist shared that the <strong>BSO’s principal oboist</strong>, a male musician in the same position, receives a far higher salary, despite the fact that their responsibilities and qualifications are nearly identical. The <strong>BSO’s principal flutist says</strong> this disparity reflects a systemic issue of pay inequality that persists in even the most prestigious orchestras. This legal dispute seeks to address the long-standing issue of gender-based wage disparities in classical music, an industry where such inequalities have often been overlooked.</p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h2 class="wp-block-heading" id="h-what-this-legal-dispute-means-for-the-arts-and-employment-equality">What This Legal Dispute Means for the Arts and Employment Equality</h2>



<p>The <strong>BSO’s principal flutist says</strong> she is facing unfair pay highlights a larger issue that has affected countless women in the arts and entertainment industries: gender-based wage inequality. This legal challenge not only has the potential to affect the <strong>Boston Symphony Orchestra</strong> but could also influence the entire classical music community, along with other industries where gender pay gaps persist.</p>
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                <title><![CDATA[Seeking Pay Equity, Female Flutist Sues Boston Symphony Orchestra]]></title>
                <link>https://www.gordonllp.com/blog/seeking-pay-equity-female-flutist-sues-boston-symphony-orchestra/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/seeking-pay-equity-female-flutist-sues-boston-symphony-orchestra/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Thu, 05 Jul 2018 02:53:08 GMT</pubDate>
                
                    <category><![CDATA[News]]></category>
                
                
                    <category><![CDATA[best lawyers]]></category>
                
                    <category><![CDATA[boston]]></category>
                
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                    <category><![CDATA[elizabeth rodgers]]></category>
                
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                <description><![CDATA[<p>Gordon Law Group featured on NPR supporting star flutist in a lawsuit against the Boston Symphony Orchestra under the MA Equal Pay Act (View Article) Seeking Pay Equity: Female Flutist Sues Boston Symphony Orchestra for Equal Compensation In a landmark case that is making waves in the music world, a female flutist is seeking pay&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Gordon Law Group featured on NPR supporting star flutist in a lawsuit against the Boston Symphony Orchestra under the MA Equal Pay Act <a href="https://www.npr.org/2018/07/05/626125374/seeking-pay-equity-female-flutist-sues-boston-symphony-orchestra">(View Article)</a></p>



<h2 class="wp-block-heading" id="h-seeking-pay-equity-female-flutist-sues-boston-symphony-orchestra-for-equal-compensation">Seeking Pay Equity: Female Flutist Sues Boston Symphony Orchestra for Equal Compensation</h2>



<p>In a landmark case that is making waves in the music world, a <strong>female flutist is seeking pay equity</strong> against the prestigious <strong>Boston Symphony Orchestra (BSO)</strong>. The musician, who has performed at the highest levels and held the principal flutist position at the BSO for several years, has filed a lawsuit claiming significant gender-based wage discrimination. Despite performing the same work and fulfilling the same responsibilities as her male counterparts, she claims that she has been paid far less, highlighting an ongoing issue of gender inequality in the arts.</p>



<h3 class="wp-block-heading" id="h-the-allegations-unequal-pay-for-comparable-work">The Allegations: Unequal Pay for Comparable Work</h3>



<p>The lawsuit centers on the claim that the <strong>female flutist</strong> has been consistently underpaid compared to male musicians performing the same role within the BSO. She argues that, despite her qualifications and years of experience, she receives significantly lower pay than her male colleagues in equivalent positions, such as the <strong>principal oboist</strong>.</p>



<p>According to her complaint, the disparity in pay is not due to differences in experience, job duties, or performance quality but is instead rooted in <strong>gender-based discrimination</strong>. The flutist’s case is based on Massachusetts’ <strong>Equal Pay Act</strong>, which mandates that employees performing <strong>comparable work</strong> must be paid equally, regardless of gender.</p>



<p>The <strong>female flutist seeking pay equity</strong> is not only demanding fair compensation for her own work but is also bringing attention to the larger issue of pay inequality in the classical music world—an industry where women have historically been paid less than their male counterparts, despite holding equivalent or more senior positions.</p>



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                <title><![CDATA[Employer Knowledge of Work Makes it Compensable, Even When not Listed on a Timesheet]]></title>
                <link>https://www.gordonllp.com/blog/employer-knowledge-of-work-makes-it-compensable-even-when-not-listed-on-a-timesheet/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/employer-knowledge-of-work-makes-it-compensable-even-when-not-listed-on-a-timesheet/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Wed, 21 Jan 2015 01:01:39 GMT</pubDate>
                
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                <description><![CDATA[<p>How do you prove you worked? Under the&nbsp;Fair Labor Standards Act, employers must compensate employees for any work that the employer did “suffer or permit” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for overtime work that they&hellip;</p>
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                <content:encoded><![CDATA[
<h2 class="wp-block-heading" id="h-how-do-you-prove-you-worked">How do you prove you worked?</h2>



<p>Under the&nbsp;<a href="http://www.dol.gov/whd/flsa/">Fair Labor Standards Act</a>, employers must compensate employees for any work that the employer did “suffer or permit” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for overtime work that they performed. This was the situation in a case recently decided by the Court of Appeals for the 11<sup>th</sup> Circuit.</p>



<p>The plaintiff in the case presented evidence that management changed his timesheets or instructed him to change his timesheets for the purpose of decreasing the amount of hours worked. &nbsp;The court ruled against the employer, stating that the work was compensable if it was done with the employer’s knowledge, regardless of what is represented on a timesheet.</p>



<h2 class="wp-block-heading"><strong>The significance of the ruling</strong></h2>



<p>The ruling is especially relevant to employees who wonder whether they can ever be paid for work that wasn’t recorded, and for employers who look to shield themselves by arguing that the information on a timesheet protects them against allegations of unpaid work. At least one court recognizes the inequity and ruled that, even with a completed timesheet that does not reflect off-the-clock work, an employee can present evidence regarding additional work hours for payment.</p>



<p>If you have a question about timekeeping practices and FLSA compliance, <a href="/contact-us/">reach out</a> to our office today to speak with an experienced attorney.</p>
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                <title><![CDATA[Proposed Legislation Would See More Employees Eligible for Overtime]]></title>
                <link>https://www.gordonllp.com/blog/proposed-legislation-would-see-more-employees-eligible-for-overtime/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/proposed-legislation-would-see-more-employees-eligible-for-overtime/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Mon, 23 Jun 2014 00:20:07 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[executive compensation]]></category>
                
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                    <category><![CDATA[executives]]></category>
                
                    <category><![CDATA[highly-compensated employees]]></category>
                
                    <category><![CDATA[overtime]]></category>
                
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                <description><![CDATA[<p>New legislation has been proposed that would increase the minimum salary basis level that employers need to pay as part of the requirements to avoid the overtime rules. Workers classified as executive, administrative or professional employees would have their weekly minimum pay more than doubled, and the floor for highly-compensated employees will increase too, by&hellip;</p>
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                <content:encoded><![CDATA[
<p><a href="https://www.congress.gov/legislation">New legislation</a> has been proposed that would increase the minimum salary basis level that employers need to pay as part of the requirements to avoid the overtime rules. Workers classified as executive, administrative or professional employees would have their weekly minimum pay more than doubled, and the floor for highly-compensated employees will increase too, by 25%.</p>



<p>The U.S. Department of Labor is reviewing new legislation to change overtime salary limits.</p>



<p>Right now, exempt executive, admin, and professional workers must earn at least <strong>$455 per week</strong>. This minimum lets employers skip overtime pay. But this may soon change. U.S. Department of Labor wants to raise the weekly salary floor in stages.</p>



<p>The plan may look like this:</p>



<ul class="wp-block-list">
<li><strong>Week salary minimum rises to $1,090</strong></li>



<li><strong>Salary will double for exempt job types</strong></li>



<li><strong>Overtime must be paid if salary falls below the limit</strong></li>
</ul>



<p>This rise may roll out over <strong>3 years</strong>. Employers won’t be able to avoid overtime rules unless they meet the new minimum pay level.</p>



<h2 class="wp-block-heading" id="h-changes-for-highly-compensated-workers">Changes for Highly-Compensated Workers</h2>



<p>The legislation also affects highly-paid roles.</p>



<p>The yearly salary exemption may rise to <strong>$125,000</strong>. This shifts from the current <strong>$100,000</strong>. The new limit may also adjust for inflation in the future. This keeps the floor updated over time.</p>



<h2 class="wp-block-heading">Who Is Affected by This Legislation?</h2>



<p>The proposal targets these job groups:</p>



<ul class="wp-block-list">
<li>Executive employees</li>



<li>Administrative employees</li>



<li>Professional employees</li>



<li>Highly‑compensated employees</li>
</ul>



<p>If these workers earn below the new minimum, then overtime rules will apply. Employers must pay extra hours worked over 40 per week.</p>



<p>If you have any questions about the legislation or any other overtime questions, <a href="/contact-us/">contact us</a> today.</p>
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                <title><![CDATA[New Colorado Wage Law Expands Enforcement Methods and Coverage]]></title>
                <link>https://www.gordonllp.com/blog/new-colorado-wage-law-expands-enforcement-methods-and-coverage/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/new-colorado-wage-law-expands-enforcement-methods-and-coverage/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Mon, 02 Jun 2014 00:21:31 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[attorneys' fees]]></category>
                
                    <category><![CDATA[Colorado]]></category>
                
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                    <category><![CDATA[wage act]]></category>
                
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                <description><![CDATA[<p>Employees in Colorado will have increased rights under the state’s Wage Protection Act of 2014. The law has been expanded to give the Colorado Department of Labor and Employment (CDLE) more power to pursue wage claims on behalf of the employee. The new law also includes the expansion of the state’s wage payment law to&hellip;</p>
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<p>Employees in Colorado will have increased rights under the state’s Wage Protection Act of 2014. The law has been expanded to give the Colorado Department of Labor and Employment (CDLE) more power to pursue wage claims on behalf of the employee. The new law also includes the expansion of the state’s wage payment law to include additional types of claims. Both changes are great news for employees in Colorado and they apply to nearly every private employer in the state.</p>



<p>Significantly, an employee who has not been paid minimum wage can now recover attorneys’ fees in addition to the unpaid wages and costs. Employers are now also subject to a recordkeeping requirement and employees are allowed access to these records.</p>



<p>Furthermore, under the old law, employees were required to make a complaint within 60 days if they were not paid their wages. However, from January 1, 2015, employees have two years to file a complaint and wages can be recovered from the date the wages were owed. In addition, the CDLE now have the power to fine employers if they do not pay all earned wages.</p>



<p>If you have any questions about the <a href="https://www.dol.gov/agencies/whd/flsa">wage laws</a> in Colorado or in your state, please <a href="/contact-us/">contact us</a> today.</p>



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                <title><![CDATA[Know Your Rights: Payroll Cards Are Not Your Only Option]]></title>
                <link>https://www.gordonllp.com/blog/know-your-rights-payroll-cards-are-not-your-only-option/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/know-your-rights-payroll-cards-are-not-your-only-option/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Sun, 20 Oct 2013 00:56:07 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[payroll cards]]></category>
                
                    <category><![CDATA[wages]]></category>
                
                
                
                <description><![CDATA[<p>Payroll cards are seemingly ever-growing in popularity. They act just like a debit card and give you quick and easy access to your money. The employee doesn’t need a bank account, and the employer doesn’t have to pay check-cashing fees. The employer gives you a card, dumps the wages in your account, and everyone carries&hellip;</p>
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<p>Payroll cards are seemingly ever-growing in popularity. They act just like a debit card and give you quick and easy access to your money. The employee doesn’t need a bank account, and the employer doesn’t have to pay check-cashing fees. The employer gives you a card, dumps the wages in your account, and everyone carries on their merry way.</p>



<p>Simple? Not quite.</p>



<p>The Consumer Financial Protection Bureau (CFPB) recently released a guideline that reiterated the employee’s rights when it comes to receiving wages. Employers must now abide by Regulation E, which states that employees do not have to accept wages by payroll card if they don’t want to. The employer must give you other options. Furthermore, if you are paid via payroll card, you should be aware of your rights that come with the card: disclosures (including any fees), access to account history, limited liability for unauthorized transfers, and error resolution rights. Payroll cards are even unlawful in some states. Often there may be charges or inconveniences involved that your employer has withheld from you, meaning you are not paid the correct wage.</p>



<p>If you have a question about payroll cards, please call us today.</p>
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                <title><![CDATA[Prevailing Wage Laws Upheld]]></title>
                <link>https://www.gordonllp.com/blog/prevailing-wage-laws-upheld/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/prevailing-wage-laws-upheld/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Mon, 23 Sep 2013 00:55:42 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[misclassification]]></category>
                
                    <category><![CDATA[prevailing wages]]></category>
                
                    <category><![CDATA[wages]]></category>
                
                
                
                <description><![CDATA[<p>Contractors working on public works projects must pay their workers prevailing wages, even when the Department of Labor fails to set a prevailing wage rate for a particular job. In George et al v. National Water Main Cleaning Company et al, the contractor hired “catch basin cleaning” employees to clean state and city sewers. The&hellip;</p>
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<p>Contractors working on public works projects must pay their workers prevailing wages, even when the Department of Labor fails to set a prevailing wage rate for a particular job.</p>



<p>In <em>George et al v. National Water Main Cleaning Company et al</em>, the contractor hired “catch basin cleaning” employees to clean state and city sewers. The contractor then failed to pay those workers prevailing wages, and argued that prevailing wage laws were unconstitutional. But the Federal District Court saw through the charade, finding that that Section 27F of Massachusetts allows the Department of Labor to correctly classify workers and set prevailing wage rates, and that the Legislature’s decision to delegate that authority was perfectly fine.</p>



<p>If you are employed by a public works company and are concerned about your job classification or whether you are paid properly, please call us today.</p>
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                <title><![CDATA[Six Years of Wages Now Possible, Not just Two or Three]]></title>
                <link>https://www.gordonllp.com/blog/six-years-of-wages-now-possible-not-just-two-or-three/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/six-years-of-wages-now-possible-not-just-two-or-three/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Mon, 19 Aug 2013 00:55:07 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[common law]]></category>
                
                    <category><![CDATA[unpaid wages]]></category>
                
                    <category><![CDATA[wages]]></category>
                
                
                
                <description><![CDATA[<p>Once limited to two or three years of recovery for unpaid wages under Massachusetts law, employees can now look back up to six years. This week, the Supreme Judicial Court ruled that employees could recover unpaid wages using common law breach of contract and other causes of action. Important? Absolutely. Under common law, employers may&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Once limited to two or three years of recovery for unpaid wages under Massachusetts law, employees can now look back up to six years. This week, the Supreme Judicial Court ruled that employees could recover unpaid wages using common law breach of contract and other causes of action. Important? Absolutely. Under common law, employers may be liable for unpaid wages looking back up to six years, instead of the two to three years mandated by the Wage Act.</p>



<p>In <em>Lipsitt v. Plaud</em>, the SJC ruled that the Wage Act had no language indicating that it preempted the common law. That means that Mr. Lipsitt had a case for claiming unpaid wages under the common law, too. More specifically, the Court ruled that the Wage Act was originally drafted to deter the non-payment of wages through consequences not available in common law, and thus did not supersede common law.</p>



<p>Cyrus D. Lipsitt worked as Museum Director at the Frankin D. Roosevelt <a href="https://www.uwyo.edu/ahc/index.html">American Heritage Center, Inc</a>., owned by Joseph J, Plaud. The Museum owed Lipsitt wages between 2004 and 2007, but he did not file a complaint until 2010. Under common law, employees can seek damages going back six years before the claim was filed, instead of the three year period according to the Wage Act. The good news for employees: employers can no longer use the short time technicalities to avoid paying earned wages.</p>
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                <title><![CDATA[FLSA Liability Follows Asset Purchase]]></title>
                <link>https://www.gordonllp.com/blog/flsa-liability-follows-asset-purchase/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/flsa-liability-follows-asset-purchase/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Wed, 03 Apr 2013 01:10:20 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[hour violations]]></category>
                
                    <category><![CDATA[new owner]]></category>
                
                    <category><![CDATA[wage violations]]></category>
                
                    <category><![CDATA[wages]]></category>
                
                
                
                <description><![CDATA[<p>Companies are bought and sold on a regular basis, and a question often arises as to whether the new owner is responsible for wage and hour violations. The Seventh Circuit Court of Appeals , in Teed v. Thomas & Betts Power Solutions, LLC, looked at just such a situation where one company bought another company’s&hellip;</p>
]]></description>
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<p>Companies are bought and sold on a regular basis, and a question often arises as to whether the new owner is responsible for wage and hour violations. The Seventh Circuit Court of Appeals , in <em>Teed v. Thomas & Betts Power Solutions, LLC</em>, looked at just such a situation where one company bought another company’s assets at auction. The Court ruled that FLSA liability is imposed on a purchaser, even where there is an explicit contractual disclaimer, unless there is good reason to avoid it. The Court found that to rule otherwise would frustrate the statutory goals of the FLSA by, because a “violator could escape liability or at least make relief much more difficult to obtain.”</p>
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                <title><![CDATA[Romney Vetoes Important legislation Protecting Massachusetts Workers and The Massachusetts Economy]]></title>
                <link>https://www.gordonllp.com/blog/romney-vetoes-important-legislation-protecting-massachusetts-workers-and-the-massachusetts-economy/</link>
                <guid isPermaLink="true">https://www.gordonllp.com/blog/romney-vetoes-important-legislation-protecting-massachusetts-workers-and-the-massachusetts-economy/</guid>
                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Wed, 06 Sep 2006 01:13:39 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[employee's rights]]></category>
                
                    <category><![CDATA[wages]]></category>
                
                
                
                <description><![CDATA[<p>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 or business group, is designed&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>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 or business group, is designed to protect workers from unscrupulous employers who withhold wages and to protect honest businesses from cheating competitors. The bill (H. 4663) calls for clarification of existing Wage and Labor laws, restoring the ability of workers to seek and receive triple damages when their employers fail to pay earned wages.</p>



<p>“It’s surprising – and disappointing – that a bi-partisan bill, so clearly beneficial to all Massachusetts employees and without any opposition from the business community would be vetoed by the Governor,” states Philip Gordon, an attorney who focuses on wage and labor laws at the law firm of Gordon Law Group, LLP, and who testified on behalf of the legislation. “It’s a serious problem when employees aren’t paid – missed rent, student loans, tax payments, mortgages, health insurance premiums, car payments, groceries. This veto puts the interests of unscrupulous businesses ahead of the legitimate needs of honest businesses and hard-working citizens.”</p>



<p>While existing laws protect workers against employers who unjustly withhold wages, a level of ambiguity allows compensation compliance problems to persist – no small problem considering the Attorney General’s Fair Labor and Business Practices Division receives thousands of employee complaints per year. The vetoed legislation would clarify those laws to ensure that wage earners are compensated for their losses.</p>



<p>“We should be very clear about what this bill would do. This legislation does not create a penalty for employers. Failing to pay workers is already a crime,” states Rep. Paul Loscocco (R-Holliston), a principle author of the bill. “This law just makes sure that employees who miss their checks are compensated for their losses.”</p>



<p>The law also protects businesses from unfair competition. Massachusetts businesses have long suffered from dishonest competitors who skip payrolls and use the savings to underbid contracts – leaving honest business owners unable to compete on a level playing field.</p>



<p>“In spite of the veto, I’m not giving up on it. This bill is good for both businesses and workers, and it’s rare for a bill to receive such unanimous and bipartisan support in the legislature,” states Rep. Mike Rodrigues, (D- Westport), Chairman of the Committee on Labor and Workforce Development. “I’m bringing this back to the legislature in hopes of securing a veto override before the end of this session. If we can’t get it done before the close of this session, we’ll work to enact it again at the beginning of the next session. Then, hopefully the new Governor – whoever that may be – will understand the need for the important measure of protection this bill provides the workforce and businesses alike.”</p>
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