I previously wrote about the general issue of the misclassification of employees as independent contractors. This is a hot topic these days in employment litigation in Massachusetts. In this article, I want to focus briefly on the Massachusetts independent contractor…
Massachusetts Wage Claims, Vacation Pay
Massachusetts Laws Governing Final Pay
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The basic rule regarding final pay in Massachusetts is this: 1) An employee who is terminated involuntarily must be paid in full on the day of discharge. 2) An employee who quits a job can be paid on the next…
Massachusetts Wage Claims
Tip Law in Massachusetts
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The sharing of employee tips has led to a fair amount of controversy in Massachusetts. The Massachusetts Tip Act, M.G.L. c. 149, s. 152A, sets forth employees’ rights to tips and service charges. Here are the basic details: Employees are…
Class Actions
Transportation Workers Exempt from Forced Arbitration
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Unlike just about everyone else, so-called “transportation workers” cannot be forced out of court due to fine print tucked away in an agreement. Other workers can be forced to sign an agreement to get and keep a job, and that…
Massachusetts Wage Claims
Delaying or Deferring Wages is Illegal
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The coronavirus (COVID-19) pandemic has upended life in the Commonwealth, causing serious health problems, mass layoffs, and fundamentally changing our day-to-day lives. While many “non-essential” employers have shuttered in response to Governor Baker’s COVID-19 order, many employers remain open because…
Commissions, Overtime Wages, Uncategorized
Governor Baker Attempts to Take Away Earned Overtime
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UPDATED November 7, 2019: Due to an impressive level of pushback from Massachusetts workers, the provisions in the Baker budget that would have deprived commission-only workers of their earned overtime were removed during deliberations in the Massachusetts legislature. Two key takeaways…