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…
Wage
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…
Wage
Employment Agreement Requires Employee to Bring Massachusetts Wage Act in New York
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The Massachusetts Supreme Judicial Court recently upheld a forum selection clause in an employment contract requiring an employee to bring his employment claims in New York courts. In Melia vs. Zenhire, Inc., SJC-10959, (May 8, 2012), the employee brought a Massachusetts Wage Act…
Wage
Treble Damages and Attorneys’ Fees under the Massachusetts Wage Act
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The right to get paid your wages is extraordinarily strong, even if you’re mislabeled as an independent contractor. The reason for this is the Massachusetts Wage Act and the fact that it provides for mandatory treble damages and attorneys’ fees…
Wage
Massachusetts Wage Claims for Misclassified Independent Contractors
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Updated Oct. 2016 Employers love calling their workers independent contractors. As the SJC has pointed out, employers receive a windfall when they misclassify employees as independent contractors: The “windfall” the Legislature appeared most concerned with is the “windfall” that employers enjoy…
Wage, Wage Set-Offs
What Is a “Valid Set-Off” Under the Massachusetts Wage Act?
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Unpaid wage law continues to develop in Massachusetts. Most recently, the Supreme Judicial Court (“SJC”) provided extensive guidance on what constitutes a valid deduction from wages–called a “valid set-off” in the law. In Camara v. Attorney General, 458 Mass. 756 (2011), the…