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…
Category: Wage
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…
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…
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…
Case Report: $2 Million Wage Act Class Action Settlement
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On January 14, 2019, settlement checks went out to the more than a thousand class members in a class action we brought against a Massachusetts home healthcare company. We were appointed as counsel for a settlement class of home health…
Case Report: Massachusetts Superior Court Certifies Home Health Aide Class Action
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On February 25, 2019, the Massachusetts Superior Court for Suffolk County certified three classes of home health aides in Portillo, et al., v. Compassionate Homecare Inc., et al., Case No. 17-0283A, an unpaid wage class action. Our law firm was…
Case Report: Wage Act Class Action Settled on Behalf of Home Health Aides
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On November 19, 2018, the Massachusetts Superior Court for Suffolk County approved a settlement of a class action we brought against a Massachusetts home care agency. We were appointed as counsel for a settlement class of approximately 1,200 home health…
Massachusetts Attorney General Wage Act Advisories
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The Massachusetts Attorney General’s new website doesn’t seem to link to the office’s past Wage Act advisories. These advisories have been cited multiple times by the SJC and are entitled to “substantial deference, at least where it is not inconsistent…
Wage Act Uniform Deduction Class Action Certified versus Trinity EMS
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Yesterday, November 2, 2017, the Middlesex Superior Court certified our class action against Trinity EMS, based in Lowell, Massachusetts. In the case, we contend that, among other things, Trinity EMS unlawfully deducted charges for required uniforms from employee wages in violation…
Startup Companies and Unpaid Wages
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Massachusetts is a good place to start a business, as it is home to many highly educated and entrepreneurial people who are able to team up with similar folks here to start successful businesses. While many of these businesses succeed,…