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…
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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…
Getting Sued for a Non-Compete in Massachusetts
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If you have ever signed an employment contract, there’s a good chance that it included a “non-compete” or “non-competition” clause. The purpose of a non-compete clause is to prevent you from taking another job in the same field as your…
Damages for Wrongful Termination under Massachusetts Law
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What Is Wrongful Termination in Massachusetts? Generally, a termination is unlawful if it is (1) based on discrimination for being part of a “protected class,” or (2) in retaliation for “protected activity.” In Massachusetts, “protected class” includes race, color, religious…
How Long Must an Employer Keep Wage Records in Massachusetts?
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In Massachusetts, employers must keep records of their employees’ working hours and wage payments for two years. M.G.L. c. 151, s. 15 states: Every employer shall keep a true and accurate record of the name, address and occupation of each…
Wage Forfeiture and Valid Set-Offs in Massachusetts
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Generally, any contractual provision that requires an employee to forfeit earned wages is a “special contract” prohibited by the Massachusetts Wage Act, M.G.L. c. 149, § 148. As the Attorney General has put it, “an employer may not enter into…