The Massachusetts Supreme Judicial Court recently upheld a forum selection clause in an employment contract requiring an employee to bring his employment claims in New York courts. In Melia vs. Zenhire, Inc., SJC-10959, (May 8, 2012), the employee brought a Massachusetts Wage Act…
Author: Nicholas F. Ortiz
Massachusetts attorney, wage and overtime.
Treble Damages and Attorneys’ Fees under the Massachusetts Wage Act
by • • Comments Off on Treble Damages and Attorneys’ Fees under the Massachusetts Wage Act
The right to get paid your wages is extraordinarily strong, even if you’re mislabeled as an independent contractor. The reason for this is the Massachusetts Wage Act and the fact that it provides for mandatory treble damages and attorneys’ fees…
Massachusetts Wage Claims for Misclassified Independent Contractors
by • • Comments Off on Massachusetts Wage Claims for Misclassified Independent Contractors
Updated Oct. 2016 Employers love calling their workers independent contractors. As the SJC has pointed out, employers receive a windfall when they misclassify employees as independent contractors: The “windfall” the Legislature appeared most concerned with is the “windfall” that employers enjoy…
What Is a “Valid Set-Off” Under the Massachusetts Wage Act?
by • • Comments Off on What Is a “Valid Set-Off” Under the Massachusetts Wage Act?
Unpaid wage law continues to develop in Massachusetts. Most recently, the Supreme Judicial Court (“SJC”) provided extensive guidance on what constitutes a valid deduction from wages–called a “valid set-off” in the law. In Camara v. Attorney General, 458 Mass. 756 (2011), the…
Wage Act Statute of Limitations in Massachusetts
by • • Comments Off on Wage Act Statute of Limitations in Massachusetts
The statute of limitations for a claim for unpaid wages is three years. See M.G.L. c. 149, § 150. The statute of limitations for contract claims is six years, so a claim for unpaid wages can be brought after the…
Are Bonuses Wages in Massachusetts?
by • • Comments Off on Are Bonuses Wages in Massachusetts?
As I wrote previously, the Massachusetts Appeals Court recently decided the case of Suominen v. Goodman Industrial Equities, 78 Mass. App. Ct. 723 (2011). In Suominen, the plaintiff was a former construction manager of a small real estate development firm and was…
Bonuses and Commissions under the Wage Act
by • • Comments Off on Bonuses and Commissions under the Wage Act
It matters a great deal whether a certain type of pay is covered by the Massachusetts Weekly Payment of Wages Act (“Wage Act”). If a type of unpaid compensation is covered by the Wage Act, an employee is entitled to…