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…
Author: Nicholas F. Ortiz
Massachusetts attorney, wage and overtime.
Overtime for Snow Plow Drivers
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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
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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, now it is three). Lawyers are now debating whether the change…
Overtime Pay for Bus Drivers
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Bus drivers often do not receive the overtime pay they deserve if they work more than 40 hours a week. Why? Some employers think that bus drivers are not entitled to overtime, and this is sometimes true under federal law.…
Wages for Meal Breaks in Massachusetts
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Under Massachusetts law, employees are entitled to a 30-minute meal break for each six-hour period that they work. M.G.L. c. 149, s. 100 states, “No person shall be required to work for more than six hours during a calendar day without…
Getting Paid for Travel Time
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Pay for some travel time is required by law. When an employee must be paid hinges on whether the travel is commuting time or travel time that happens during the workday. In general, an employee has no right to wages or expenses for commute…
Vacation Pay and the Massachusetts Wage Act
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Private employers do not have to provide paid vacation, but many do as an employment benefit. When an employer chooses to offer paid vacation time to their employees, any earned vacation time is the equivalent of “earned wages” under the Massachusetts Wage…
Misclassification of Employees Not Excused Based on Technicalities
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When tasked with interpreting the Massachusetts Wage Act, the Supreme Judicial Court of Massachusetts (“SJC”) has consistently construed the words of the statute to fit within the broader purpose of the law. This method has, in effect, steadily expanded liability…
Personal Liability under the Massachusetts Wage Act
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The Massachusetts Wage Act states that, “The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation within the meaning…
Payment of Wages and On-Call Time in Massachusetts
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In many industries, workers are expected to be “on call” for some or all of their work time. During these periods, workers must be ready and able to begin work, usually at a moment’s notice, upon receiving a call or…