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…
Author: Nicholas F. Ortiz
Massachusetts attorney, wage and overtime.
Overtime Case Report: CARROCA v. ALL STAR ENTERPRISES AND COLLISION CENTER
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We recently won a victory in the case of CARROCA v. ALL STAR ENTERPRISES AND COLLISION CENTER, Inc. Carroca, an auto body repairman, worked overtime hours during the course of his employment with the defendant, All Star Enterprises and Collision…
Unpaid Wages and Overtime for Undocumented Workers
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Can undocumented workers sue for unpaid wages? This question has been addressed by many courts, and the answer is yes. Undocumented workers are frequent victims of wage and overtime exploitation, and it would be extraordinarily bad policy to allow employers…
Unpaid Wage and Overtime Retaliation
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Under Massachusetts law, when an employee complains about unpaid wages or overtime, he is protected from discharge or other punishment because of the complaint. This protection extends to formal complaints filed in court or with the attorney general, but it…
Wages for Work Before and After Job Shifts
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We have had several cases that fit this fact pattern: An employee is required to report for work, at either an employer’s place of business or a remote job site, and do preliminary tasks before going “on the clock”. That…
Salary and Overtime Pay
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Even if you are paid a salary, you may be entitled to overtime. This is because you can be paid a salary and be either exempt OR nonexempt from overtime. This is a common mistake that employers make, intentional or…
Massachusetts Wage Law and Unpaid Internships
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Unpaid internships are popular in Massachusetts, but they are often illegal. Massachusetts law requires all workers to be paid at least the state minimum wage unless an exception applies. There are five exceptions: (1) someone providing professional service; (2) agricultural…
Company Discretion and Employee Commissions
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Oftentimes, neatly tucked away in a commission plan is some language that allows an employer complete discretion in administering, changing, interpreting, or cancelling the plan. On this point, an interesting case was just decided in the United States District Court…
Overtime Rules for Nurses
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The Fair Labor Standards Act (“FLSA”) regulations have become more restrictive with respect to nurses and overtime. Fewer nurses are now entitled to overtime under current Department of Labor regulations interpreting the FLSA. However, there are some important rules to…
Tips and the Minimum Wage
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As of 2016, the Massachusetts minimum wage is $10.00/hour. See M.G.L. c. 151, s. 1. Employees who earn tips, however, can be paid a “service rate” of $2.63/hour so long as they earn at least $20 in tips each week. However,…