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…
Misclassified Independent Contractors
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…
Massachusetts Wage Claims
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…
Uncategorized
Damages for Wrongful Termination under Massachusetts Law
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•What Is Wrongful Termination in Massachusetts? Generally, a termination is unlawful if it is (1) based on discrimination for being part of a “protected class,” or (2) in retaliation for “protected activity.” In Massachusetts, “protected class” includes race, color, religious…
"Off-the-clock" work, Massachusetts Wage Claims
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…
Overtime Wages
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…