In Massachusetts, and as a matter of federal law, hourly employees do not have a right to be paid for meal breaks. However, meal breaks must be bona fide. There are two main parts of that. 1) Meal breaks must…
Author: Nicholas F. Ortiz
Massachusetts attorney, wage and overtime.
Getting Help with the Mass AG Wage Complaint Form
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The Purpose of the AG Wage Complaint Form: A wage complaint form must be filed with the Massachusetts Attorney General’s office because the law requires it. Section 150 of Chapter 149 of the Massachusetts General Laws states: An employee claiming [unpaid wages] 90…
The Massachusetts Wage Act and Union Collective Bargaining Agreements
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A few months ago, the First Circuit Court of Appeals answered a key question for union members with claims under the Massachusetts Wage Act. The case was Cavallaro v. UMASS Memorial Healthcare, 678 F.3d. 1 (1st Cir. 2012), and the…
Common Violations of the Massachusetts Wage Act
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Here are some common violations of the Massachusetts Wage Act: Off-the-Clock Work Managers who say “get it done, but don’t put down overtime”; People arriving early or staying late at work; Donning and doffing–unpaid time at the beginning or end…
Wage Act Claims and the Massachusetts Attorney General
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The Massachusetts Attorney General has a special relationship to Wage Act claims in Massachusetts. The wage statute requires that an individual file a complaint for unpaid wages with the attorney general before bringing a lawsuit for triple damages and attorneys’…
Travel Pay Rights in Massachusetts
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Hourly employees are entitled to be paid for all time worked. This begs the basic question: What is work? There are regulations that define work pretty specifically in Massachusetts. In this post, I will focus on the sometimes controversial topic…
How Long Must an Employer Keep Wage Records in Massachusetts?
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In Massachusetts, employers must keep records of their employees’ working hours and wage payments for two years. M.G.L. c. 151, s. 15 states: Every employer shall keep a true and accurate record of the name, address and occupation of each…
Massachusetts Overtime Claims and Exemptions
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There are two overtime laws that apply to Massachusetts employees: the federal Fair Labor Standards Act and the Massachusetts Overtime Law. There is a lot on the web about the federal law, but this posting will mainly be about the…
Wage Forfeiture and Valid Set-Offs in Massachusetts
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Generally, any contractual provision that requires an employee to forfeit earned wages is a “special contract” prohibited by the Massachusetts Wage Act, M.G.L. c. 149, § 148. As the Attorney General has put it, “an employer may not enter into…
Introductory Post from a Massachusetts Wage Lawyer
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I’m a little late with this introductory post, but now that this page has garnered a bit of readership, I figured I would take a moment to introduce myself. My name is Nicholas Ortiz. I graduated from Vanderbilt University and…