Author: Nicholas F. Ortiz

Massachusetts attorney, wage and overtime.

Wage Act Uniform Deduction Class Action Certified versus Trinity EMS

Yesterday, November 2, 2017, the Middlesex Superior Court certified our class action against Trinity EMS, based in Lowell, Massachusetts. In the case, we contend that, among other things, Trinity EMS unlawfully deducted charges for required uniforms from employee wages in violation…

Startup Companies And Unpaid Wages

Massachusetts is a good place to start a business, as it is home to many highly-educated and entrepreneurial people who are able to team up here with similar folks here to start successful businesses.  While many of these businesses succeed,…

Unpaid Training: CVS Pharmacy Case

Generally, employers cannot require that employees participate in job training without pay. CVS recently learned this lesson in the case of St. Pierre, et al. v. CVS Pharmacy, Inc., et al., Civil Action No. 13-13202-TSH (D. Mass. Sept. 18, 2017) (Hillman, J.).…

Wage Class Action Certified in Massachusetts Superior Court

On September 13, 2017, the Massachusetts Superior Court for Suffolk County certified a class action against Helping Hands Company, Inc., a provider of home care services in Massachusetts. Escorbor v. Helping Hands Co., Inc, C.A. No. 15-2053-D. (Suffolk Sup. Crt. 2017)…

Case Report: Mickevich v Fine Finish, Inc.

Yesterday, the Massachusetts Superior Court for Middlesex County issued an final approval order in one of our wage and hour class actions. This was a small class action under the Massachusetts Overtime Law involving just 33 individuals. The key allegation in…

Retail Sunday Pay and Massachusetts Wage Act

Massachusetts retailers must pay employees who work on Sunday “one and one-half times the employee’s regular rate.” M.G.L. c. 136, § 6(50).  However, traditionally, this law could only be enforced by the Attorney General: Individual employees and groups of employees could…

Credit Cards as Basis for Individual FSLA Coverage

Not all employees and business are covered by the federal minimum wage and overtime law, the Fair Labor Standards Act. If a business is covered, all of its employees are covered. However, even if a business is not covered, some…

Leyes de Propinas y Cargos de Entrega en Massachusetts

La mayoría de los salarios de los trabajadores en Massachusetts se basan en las propinas. Por esta razón, el estado de Massachusetts tiene leyes fuertes y estrictas para asegurar que todos los trabajadores reciban las propinas que ganan. En otras…

MA Court Adopts Relieved-of-All-Duties Standard for Meal Breaks

The Business Litigation Session of the Massachusetts Superior Court for Suffolk County heard the defendants’ summary judgment motion in our case, Devito v. Longwood Security Services, Inc., a certified class action on behalf of a group of security officers who, during breaks, had…

How to Collect Unpaid Wages in Massachusetts

The Massachusetts Wage Act is one of the strongest wage laws in the country, protecting employees who don’t recieve earned wages, salaries, commissions and other forms of compensation. What makes the law so strong?  First and foremost, once an employee files a case for…