The Intersection of the Prevailing Wage Laws and False Claims Acts Federal and state prevailing wage laws set hourly rates for workers on “public works,” which are government-financed construction, renovation, and other projects. Federal and state false claims acts (also…
Author: Nicholas F. Ortiz
Massachusetts attorney, wage and overtime.
Case Report: Longwood Security Class Action Notice Mailed
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Yesterday 812 former and current security officers were mailed a notice informing them that (1) there is a pending case against Longwood Security Services, Inc. for unpaid wages, (2) the court certified the case as a class action, (3) they…
Case Report: Wage Act Class Action Against Restaurant Chain Can Proceed
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The Massachusetts State Superior Court issued an opinion on Jan. 5, 2016 allowing a class action for unpaid meal breaks to proceed against the Chateau restaurant chain in Massachusetts. Elizabeth Ryan of Bailey & Glasser and I are co-counsel in…
Massachusetts Employers Cannot Charge Employees for Uniforms
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Many employers in Massachusetts require their employees to wear uniforms. While this is a legal practice, it is unlawful for employers to charge employees for these uniforms. In January 2015, the Department of Labor Standards updated its wage and hour…
Auto Deductions for Work Breaks
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Lunch breaks – and other breaks – are a normal part of most employees’ work days. Under Massachusetts law, M.G.L. c. 149, s. 100, employers must provide employees with a thirty-minute meal break after working for six consecutive hours. Many…
Overtime for Car Sales in Massachusetts
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Most salespeople who work in car dealerships are paid on commission, or receive a base salary plus commissions. A common misconception is that these salespeople are exempt from receiving overtime wages. This is not true. Car salespersons are entitled to…
Mary Kay Misclassification Lawsuit
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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…
Commission Pay and Overtime Rights
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Are you an employee who is paid commissions only, or a combination of salary plus commissions? You might think you are not entitled to overtime pay. However, unless you are exempt from the overtime law (such as traveling salespersons who…
Off-the-Clock Work
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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…
Home Health Care Travel Time Wage Cases
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We are handling a number of home health care cases on behalf of classes of home health care workers denied wages for their travel time between client sites. We recently gained court approval for a class action settlement against a…