Author: Nicholas F. Ortiz

Massachusetts attorney, wage and overtime.

Mary Kay Misclassification Lawsuit

Mary Kay beauty consultants and sales directors in New Jersey recently filed a class action lawsuit against Mary Kay, claiming that the company has misclassified them as independent contractors rather than employees, in violation of the New Jersey Wage Payment…

Off the Clock Work

The Massachusetts Appeals Court recently issued an important overtime ruling involving off-the-clock work. What happens when an employee works overtime but the employer claims they didn’t know about it. In the case of Vitali v. Reit Management, the Appeals Court…

The Massachusetts Prevailing Wage Law

A law called the Bacon Davis Act sets prevailing wages for federal contractor jobs, and the Massachusetts Prevailing Wage Law sets wages for certain jobs involving the state or local governments. Basically, the prevailing wage law in Massachusetts creates special minimum…

Requesting your Personnel File in Massachusetts

The Massachusetts personnel record law, M.G.L. chapter 149, § 52C, allows a current or former employee to get a copy of their personnel file. The law requires an employer to give access to personnel records to employees and former employees upon written request.  This…

Overtime for Snow Plow Drivers

During the winter, snow plow drivers often end up working in excess of 40 hours per week.  At times they work around the clock during snow emergencies.  So, are snow plow drivers entitled to overtime for hours worked over 40 in a week under Massachusetts…

New Massachusetts Overtime Statute of Limitations

Starting in November 2014, you can look back three years before to recover unpaid overtime. This expands the previous Massachusetts overtime statute of limitations by one year.  (It was two years, not it is three).  Lawyers are now debating about whether the change is…