Under Massachusetts law, individuals employed “in a hotel, motel, motor court or like establishment” are exempt from overtime, meaning that no matter what the worker does and no matter how many hours they work, they are not entitled to overtime…
Category: Overtime Wages
Wage Class Action Certified in Massachusetts Superior Court
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On September 13, 2017, the Massachusetts Superior Court for Suffolk County certified a class action against Helping Hands Company, Inc., a provider of home care services in Massachusetts. Escorbor v. Helping Hands Co., Inc, C.A. No. 15-2053-D. (Suffolk Sup. Crt. 2017)…
Case Report: Mickevich v Fine Finish, Inc.
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Yesterday, the Massachusetts Superior Court for Middlesex County issued a final approval order in one of our wage and hour class actions. This was a small class action under the Massachusetts Overtime Law involving just 33 individuals. The key allegation in…
Credit Cards as Basis for Individual FLSA Coverage
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Not all employees and business are covered by the federal minimum wage and overtime law, the Fair Labor Standards Act. If a business is covered, all of its employees are covered. However, even if a business is not covered, some…
Overtime for Car Sales in Massachusetts
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Most salespeople who work in car dealerships are paid on commission, or receive a base salary plus commissions. A common misconception is that these salespeople are exempt from receiving overtime wages. This is not true. Car salespersons are entitled to…
Commission Pay and Overtime Rights
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Are you an employee who is paid commissions only, or a combination of salary plus commissions? You might think you are not entitled to overtime pay. However, unless you are exempt from the overtime law (such as traveling salespersons who…
The Massachusetts Prevailing Wage Law
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A law called the Bacon Davis Act sets prevailing wages for federal contractor jobs, and the Massachusetts Prevailing Wage Law sets wages for certain jobs involving the state or local governments. Basically, the prevailing wage law in Massachusetts creates special minimum…
Overtime for Snow Plow Drivers
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During the winter, snow plow drivers often end up working in excess of 40 hours per week. At times they work around the clock during snow emergencies. So, are snow plow drivers entitled to overtime for hours worked over 40 in a week under Massachusetts…
New Massachusetts Overtime Statute of Limitations
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Starting in November 2014, you can look back three years before to recover unpaid overtime. This expands the previous Massachusetts overtime statute of limitations by one year. (It was two years, now it is three). Lawyers are now debating whether the change…
Overtime Pay for Bus Drivers
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Bus drivers often do not receive the overtime pay they deserve if they work more than 40 hours a week. Why? Some employers think that bus drivers are not entitled to overtime, and this is sometimes true under federal law.…