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…
Misclassified Independent Contractors
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…
Commissions, Overtime Wages
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, Class Actions
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…
"Off-the-clock" work, Massachusetts Wage Claims, Travel Time Pay
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…
Overtime Wages, Prevailing Wage
The Massachusetts Prevailing Wage Law
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•A law called the Bacon Davis Act sets prevailing wages for federal contractor jobs, and the Massachusetts Prevailing Wage Law sets wages for certain jobs involving the state or local governments. Basically, the prevailing wage law in Massachusetts creates special minimum…