The Supreme Court heard oral arguments in three cases that may fundamentally shift the workplace, by ruling whether or not employees wronged by their employer can band together and sue on a class action basis. There is a deep divide among courts over mandatory arbitration clauses, especially in the ...
Tag: unpaid wages
October 2, 2017Philip 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
A recent survey found that 80% of employers will Google job seekers before inviting them to an interview. Your resume and references alone are no longer enough. Now a quick name search has become routine, and current employers are keeping tabs, too. Although not everyone will have a glowing newspaper article ...
March 5, 2014Philip Gordon
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
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
Workers who are misclassified by their employers as independent contractors can finally recover they full value of the wages and benefits they should have received as an employee, but did not. It has long been the case that an independent contractor who should have received overtime, if she ...
September 7, 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
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
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
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
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
The Massachusetts Senate and House have enacted a bi-partisan bill designed to protect workers from unscrupulous employers who withhold wages, salaries and benefits, and protect law-abiding business from the resulting unfair competition. Filed by Senators Cynthia Creem and Steven Tolman, and Representatives Peter Koutoujian and Martin Walsh, the bill ...
August 31, 2006Philip Gordon
The United States Immigration and Customs Enforcement (ICE) today announced the arrest of seven current and former managers of IFCO Systems North America, Inc. (IFCO) as part of a new initiative to crack down on employers of undocumented workers. The arrests were made in connection with the “second phase” of the ...
April 20, 2006Philip Gordon