When tasked with interpreting the Massachusetts Wage Act, the Supreme Judicial Court of Massachusetts (“SJC”) has consistently construed the words of the statute to fit within the broader purpose of the law. This method has, in effect, steadily expanded liability…
Category: Wage
Personal Liability under the Massachusetts Wage Act
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The Massachusetts Wage Act states that, “The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation within the meaning…
Payment of Wages and On-Call Time in Massachusetts
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In many industries, workers are expected to be “on call” for some or all of their work time. During these periods, workers must be ready and able to begin work, usually at a moment’s notice, upon receiving a call or…
Overtime Case Report: CARROCA v. ALL STAR ENTERPRISES AND COLLISION CENTER
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We recently won a victory in the case of CARROCA v. ALL STAR ENTERPRISES AND COLLISION CENTER, Inc. Carroca, an auto body repairman, worked overtime hours during the course of his employment with the defendant, All Star Enterprises and Collision…
Unpaid Wages and Overtime for Undocumented Workers
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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…
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…
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…
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…
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,…
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…