Lobbyists for big business have had legislation filed to turn back the clock on Massachusetts employees. The bill, “An Act regarding treble damages” (H3583), marks an effort to shift the burdens onto employees in cases where employers have failed to pay proper wages. If passed, this bill would ...
March 2, 2009Philip Gordon
Gordon Law Group, LLP and Greater Boston Legal Services (GBLS) announced today an agreement to settle a federal class action lawsuit against Michael Bianco, Inc., the former New Bedford factory that manufactured military gear for the U.S. Department of Defense. The company was the target of a March 2007 ...
November 19, 2008Philip Gordon
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 ...
November 6, 2008Philip Gordon
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 ...
November 1, 2008Philip Gordon
Favorable Wal-Mart ruling overturned. Order decertifying the Wal-Mart class action is reversed, and summary judgment on a number of issues is overturned. In a suit alleging that Wal-Mart “wrongfully withheld compensation for time worked and denied or cut short rest and meal break to which they were entitled,” the ...
September 26, 2008Philip Gordon
Finally, the Wage Act gets its clarification. The law, which goes into effect on July 13, 2008, makes clear that Massachusetts takes violations of the wage statute seriously – with triple damages awarded to employees who must institute lawsuits in order to recover their wages. The clarification recognizes that ...
August 14, 2008Philip Gordon
In an opinion letter dated May 15, 2008, the United States Department of Labor clarified its regulations regarding compensable time under the Fair Labor Standards Act. According to the DOL: 1. An employee who fails to take a mandated meal break or reports ...
May 15, 2008Philip Gordon
Recently the Office of the Attorney General issued an advisory on the Massachusetts Independent Contractor Law, M.G.L. c. 149 § 148B, which was significantly amended in 2004. In order to overcome the presumption that an individual is an employee, the law, as amended, places the burden on the employer ...
April 15, 2008Philip Gordon
Current and former employees of New Bedford’s Michael Bianco, Inc., today filed a federal court class action lawsuit on behalf of more than 500 workers, alleging multiple violations of the federal and state wage and overtime laws. Papers filed in the case describe how Michael Bianco, Inc., systematically and intentionally violated ...
April 9, 2008Philip Gordon
February 17, 2008 The Hon. Deval Patrick, Governor Office of the Governor State House Boston, 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 ...
February 17, 2008Philip Gordon
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