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…
Massachusetts Wage Claims, Wage and Overtime Retaliation
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…
"Off-the-clock" work, Massachusetts Wage Claims
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…
Overtime Wages
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 Claims, Minimum Wage
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…
Bonuses, Commissions
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…