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. ...
August 19, 2013Philip Gordon
Drive a truck with a gross vehicle weight rating (GVWR) under 10,000 pounds? Then you are eligible for overtime. Importantly, the GVWR refers to the weight a vehicle can carry, not the weight it is actually carrying. The court decided that GVWR was more important than the ...
August 16, 2013Philip Gordon
If you are paid by the hour, be wary of your company's policies regarding working through breaks, lunches, and after your shift – especially when lunch deductions are automatic. Working more hours than you are paid for could be a violation of the Fair Labor Standards Act (FLSA). ...
August 8, 2013Philip Gordon
A parent corporation who franchises out their business can be found liable for the franchisee's unpaid wages. In Depianti v. Jan-Pro Franchising International, Inc., Depianti will now be able to claim against Jan-Pro, even though he does not directly work for them. Depianti was misclassified as an independent ...
June 24, 2013Philip Gordon
Should LLC managers escape the Wage Act because they avoid the titles "President" and "Treasurer." Definitely not. Peter Cook filed action for unpaid wages against Patient Edu, LLC and two of its managers, Steven Graziano and Michael Schulman. The managers argued that they could not be liable for unpaid wages, ...
June 20, 2013Philip Gordon
Serious failure to reimburse employees for the business expenses they incur in their jobs may be tantamount to unlawful deductions from wages. In Fraelick v. PerkettPR, Inc., Fraelick sought such reimbursement from her employer, after a couple years’ worth of failures. While business expenses had never counted as ...
June 13, 2013Philip Gordon
Live and work as a driver in New York? Independent contractors working in New York recently received the benefits of Massachusetts law. A Massachusetts Court just ruled that people who live and work in New York, but are employed by a Massachusetts company with a Massachusetts contract, can ...
May 24, 2013Philip Gordon
Temporary warehouse workers in Nevada found themselves passing through security screens at the close of their shifts to minimize thefts. The 9th Circuit Court of Appeals, in Busk v. Integrity Staffing Solutions, says this is compensable time under the Fair Labor Standards Act. Here, Busk and Castro have alleged that Integrity ...
April 23, 2013Philip Gordon
Are you required to pay the costs of operating your truck? Insurance, gas, repairs, paint, equipment? You may be entitled to all of it back, with triple damages. A delivery company that outsourced its deliveries to a variety of individuals and companies, was forced to recognize those drivers as employees and ...
April 4, 2013Philip Gordon
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 ...
April 3, 2013Philip Gordon
A Massachusetts man who was paid after being laid off, will receive even more money because his former employer failed to specify that the extra money was for unpaid vacation days. In Dixon v. City of Malden, Mr. Dixon was dismissed from his role as a director of a ...
March 11, 2013Philip Gordon
A simple discretionary clause in a commission plan does not disqualify earned commissions from protection of the Wage Act. Prudential Insurance offered commissions to its sales employees under a commission plan. Prudential retained the discretion to interpret and administer the plan, and to deny earned commissions to those ...
March 3, 2013Philip Gordon
Many employers automatically deduct meal breaks from employee pay, but never actually give employees those breaks. In Massachusetts that is a crime, but while the employer might suffer criminally the question often comes up as to how much pay an employee should receive for that unpaid work time. As ...
November 15, 2012Philip Gordon
While some American employers and employees may complain about languages other than English being spoken in the workplace, mandatory English-only policies may not be legal. The law states that an employer must demonstrate a “business necessity” to put an English-only policy into action, but that necessity must be extremely ...
November 14, 2012Philip Gordon
Shortly after retail powerhouse Wal-Mart of Bentonville, Arkansas, filed a complaint with the National Labor Relations Board claiming Black Friday walkouts by Wal-Mart employees qualified as illegal picketing, the Organization United for Respect at Wal-Mart quickly filed its own complaint stating that the walkouts were legally protected. The NLRB has ...
November 9, 2012Philip Gordon
In an effort to deter massive employment abuse, and in a nod to those employers who refuse to take the low road but suffer serious economic disadvantages against competitors who cut corners, Governor Deval Patrick has signed into law new requirements for temporary staffing agencies. Now, in addition to other ...
September 2, 2012Philip Gordon
In a victory for health and safety, as well as employment, Massachusetts hospitals are now prohibited from requiring nurses to work mandatory overtime. Hospitals can no longer require nurses to work beyond their regularly scheduled shifts, except in cases of emergency. Nurses may still volunteer to work more ...
August 21, 2012Philip Gordon
Do you know who your employer is? Enterprise Holdings, Inc. was the parent company and sole stockholder of 38 corporate subsidiaries that operated many of their rental car agencies. Nickolas Hickton, an assistant manager of one of those agencies sued his subsidiary, as well as Enterprise Holdings, Inc., for ...
July 12, 2012Philip Gordon