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…
Category: Overtime Wages
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.…
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…
Salary and Overtime Pay
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Even if you are paid a salary, you may be entitled to overtime. This is because you can be paid a salary and be either exempt OR nonexempt from overtime. This is a common mistake that employers make, intentional or…
Overtime Rules for Nurses
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The Fair Labor Standards Act (“FLSA”) regulations have become more restrictive with respect to nurses and overtime. Fewer nurses are now entitled to overtime under current Department of Labor regulations interpreting the FLSA. However, there are some important rules to…