The basic rule regarding final pay in Massachusetts is this: 1) An employee who is terminated involuntarily must be paid in full on the day of discharge. 2) An employee who quits a job can be paid on the next…
Author: Nicholas F. Ortiz
Massachusetts attorney, wage and overtime.
Tip Law in Massachusetts
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The sharing of employee tips has led to a fair amount of controversy in Massachusetts. The Massachusetts Tip Act, M.G.L. c. 149, s. 152A, sets forth employees’ rights to tips and service charges. Here are the basic details: Employees are…
Transportation Workers Exempt from Forced Arbitration
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Unlike just about everyone else, so-called “transportation workers” cannot be forced out of court due to fine print tucked away in an agreement. Other workers can be forced to sign an agreement to get and keep a job, and that…
Delaying or Deferring Wages is Illegal
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The coronavirus (COVID-19) pandemic has upended life in the Commonwealth, causing serious health problems, mass layoffs, and fundamentally changing our day-to-day lives. While many “non-essential” employers have shuttered in response to Governor Baker’s COVID-19 order, many employers remain open because…
Governor Baker Attempts to Take Away Earned Overtime
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UPDATED November 7, 2019: Due to an impressive level of pushback from Massachusetts workers, the provisions in the Baker budget that would have deprived commission-only workers of their earned overtime were removed during deliberations in the Massachusetts legislature. Two key takeaways…
Case Report: Massachusetts Superior Court Certifies Car Sales Employee Class Action
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On July 23, 2019, the Massachusetts Superior Court for Plymouth County certified a class of sales employees in Speakman v. Sullivan Bros. Nissan, Inc., et al., Case No. 16-00165, an unpaid wage class action. Our law firm was appointed as…
Six Flags Overtime Decision
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On June 20, 2019, the Massachusetts Superior Court for Suffolk County issued a major decision regarding the rights of amusement park workers to overtime pay. We represent a class of approximately 10,000 seasonal Six Flags New England workers in a…
Overtime for Commission-Only Employees
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On May 8, 2019, the Massachusetts Supreme Judicial Court issued a major decision guaranteeing overtime to employees who are paid on a commission-only basis. The case is Sullivan v. Sleepy’s LLC. The SJC was considering whether salespeople who receive only…
Case Report: $2 Million Wage Act Class Action Settlement
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On January 14, 2019, settlement checks went out to the more than a thousand class members in a class action we brought against a Massachusetts home healthcare company. We were appointed as counsel for a settlement class of home health…
Supreme Judicial Court Issues Ruling on Agricultural Overtime Pay
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Today the Massachusetts Supreme Judicial Court issued an important decision in favor of agricultural workers. The case is Arias-Villano et al. v. Chang & Sons Enterprises, Inc. which was brought on behalf of workers of a company farming and distributing…