Are inside salespersons who are paid 100% commission, entitled to overtime pay and Sunday Pay. In short, yes. On May 8, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued guidance for all employees in Massachusetts who are inside salespersons and receive payment on a 100% commission basis. In Sullivan v. Sleepy’s. ...
May 10, 2019Philip Gordon
The DOL has made it easier for employers to avoid paying interns by abandoning their six-part test for distinguishing between interns and employees. The updated fact sheet was released today. You may view it here.
January 5, 2018Philip Gordon
For the grammar nerds in all of us. Congrats to our colleagues, David Webbert and Jeff Young! Great work. View Article
March 15, 2017Philip Gordon
The United States Supreme Court has agreed to consider a long standing dispute in employment law regarding who is entitled to overtime pay, and service advisors are at the center of this latest question. The statute in question allows the exemption for any “salesman, partsman, or mechanic” who engages in ...
January 15, 2016Philip Gordon
Proposed revisions to Section 13(a)(1) of the federal Fair Labor Standards Act are coming under scrutiny as some question the Department of Labor’s (DOL) authority to create legislation. U.S. Secretary of Labor Thomas Perez recently announced that the agency submitted a proposal to the Office of Management and Budget (OMB) ...
May 6, 2015Philip Gordon
When most people hear the word internship, they think of an unpaid employment opportunity that offers a chance to learn the ropes of a job. In recent court cases, that general perception has been challenged as interns ban together and fight for various types of compensation. One such case involved ...
April 13, 2015Philip Gordon
In an article entitled "Low Income Managers May Started Getting Paid for Overtime," the Boston Globe explores the new rules from the US Department of Labor. A link to that article is included here (Boston Globe Article). Let me know your thoughts.
February 19, 2015Philip Gordon
How do you prove you worked? Under the 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 ...
January 21, 2015Philip Gordon
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 ...
June 23, 2014Philip Gordon
Per Diem payments – payments intended to cover the daily expenses of an employee – count towards an employee’s regular rate of pay for calculating overtime according to the First Circuit. In Newman v. Advanced Technology Innovation Corp., the First Circuit found that if an employer calculates per diem on ...
May 25, 2014Philip Gordon
Hot on the heels of his proposal to raise minimum wage for federal contractors to $10.10, President Obama is planning new overtime laws that will force businesses to pay overtime to more workers. The new regulations will make employees who are wrongly classified as “executive” or “professional” eligible for overtime. ...
March 12, 2014Philip 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
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
Pharmaceutical Representatives have long argued that they are entitled to overtime, working long hours with little authority to do much other than recommend products, and the Department of Labor has supported that view in its written opinions. But the pharmaceutical industry has refused to comply, arguing that those representatives ...
June 19, 2012Philip Gordon
Massachusetts employees working for a Massachusetts company receive the benefit of the Massachusetts Wage Act even if they work at the company’s facility in Connecticut. The Federal District Court focused on language in the Wage Act that refers to any “employer” in the Commonwealth, not to any “employee” in ...
June 29, 2010Philip Gordon
Underwriters tasked with approving loans in accordance with detailed guidelines provided by their employer are not exempt – that is, they are entitled to overtime. Many employers misclassify their Underwriters and deny them overtime. These employers have long justified the misclassification on the “administrative exemption.” This week, the Second ...
November 29, 2009Philip Gordon
With all the talk of possible casinos on Indian reservation land in Massachusetts, not much has been said about whether those tribes would have to follow labor and employment laws. A decision this week from the Court of Appeals for the Ninth Circuit in Washington State may shed light on at ...
April 25, 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