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…
Minimum Wage
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,…
"Off-the-clock" work, Massachusetts Wage Claims
Meal Breaks and Payment of Wages
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•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…
Attorney General Wage Complaint, Massachusetts Wage Claims
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…
Massachusetts Wage Claims
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…
Massachusetts Wage Claims
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…