Recent Stories

  • Overtime Rights for Hotel Workers
    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 under state law. However, companies here in Massachusetts (and in ... read more
    Source: masswagelaw.comPublished on 2018-10-28
  • Commissions and Profit Sharing
    The United States Court of Appeals for the First Circuit recently decided the Wage Act commissions case, Ellicott v. American Capital Energy, Inc., No. 17-1421 (1st Cir. 2018).  This case is interesting for a few reasons, but I’ll address two here. First, the losing defendants in this case argued that the ... read more
    Source: masswagelaw.comPublished on 2018-10-18
  • Massachusetts Attorney General Wage Act Advisories
    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 with the plain language of the statutory provisions.” See Smith v. ... read more
    Source: masswagelaw.comPublished on 2018-01-14
  • Wage Act Uniform Deduction Class Action Certified versus Trinity EMS
    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 of the Massachusetts law. The applicable regulation states: An employee ... read more
    Source: masswagelaw.comPublished on 2017-11-03
  • Startup Companies And Unpaid Wages
    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 here with similar folks here to start successful businesses.  While many of these businesses succeed, other fail. However, employee wages are not contingent on business ... read more
    Source: masswagelaw.comPublished on 2017-10-12
  • Unpaid Training: CVS Pharmacy Case
    Generally, employers cannot require that employees participate in job training without pay. CVS recently learned this lesson in the case of St. Pierre, et al. v. CVS Pharmacy, Inc., et al., Civil Action No. 13-13202-TSH (D. Mass. Sept. 18, 2017) (Hillman, J.). CVS Pharmacy required all pharmacy technicians to regularly complete mandatory ... read more
    Source: masswagelaw.comPublished on 2017-09-22
  • Wage Class Action Certified in Massachusetts Superior Court
    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) (Wilkins, J.). Our firm was appointed class counsel.  The case is ... read more
    Source: masswagelaw.comPublished on 2017-09-15
  • Case Report: Mickevich v Fine Finish, Inc.
    Yesterday, the Massachusetts Superior Court for Middlesex County issued an 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 the case was that a group of cabinet makers was improperly classified ... read more
    Source: masswagelaw.comPublished on 2017-04-26
  • Retail Sunday Pay and Massachusetts Wage Act
    Massachusetts retailers must pay employees who work on Sunday “one and one-half times the employee’s regular rate.” M.G.L. c. 136, § 6(50).  However, traditionally, this law could only be enforced by the Attorney General: Individual employees and groups of employees could not sue under the Wage Act for violations of the ... read more
    Source: masswagelaw.comPublished on 2017-04-10
  • Credit Cards as Basis for Individual FSLA Coverage
    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 of its employees may be covered. For Massachusetts employees, this ... read more
    Source: masswagelaw.comPublished on 2017-02-09
  • Bankruptcy and Taxi Medallions
    After years of steady growth, the value of taxi medallions in Greater Boston has begun to decline rapidly. Much of this is due to competition from ride share companies, such as Uber and Lyft. Many independent medallion owners funded their purchase with loans secured by mortgages on medallions. Many medallion ... read more
    Source: bkmass.comPublished on 2016-03-24
  • Chapter 11 Bankruptcy May Be the Best Way to Handle Employment Tax Debts
    As most small business owners know, there are various business taxes a company is required to collect, account for, and pay over to the taxing authorities. In Massachusetts, businesses are required to withhold income for both state and federal income taxes for employees, pay additional employment taxes, and unemployment insurance ... read more
    Source: bkmass.comPublished on 2015-11-30
  • Bankruptcy and Sales Tax Problems
    A sales tax debt is a tough debt to have. Because of penalties and personal liability, bankruptcy may sometimes be the only way to manage a tough sales tax problem. What is the sales tax and who is required to pay it? The Massachusetts sales tax is 6.25% of ... read more
    Source: bkmass.comPublished on 2015-11-23
  • Boston Student Apartment Security Deposit Law
    Every year, over 45,000 students rent apartments in Boston. With such a massive number of students in need of housing, large property management companies have little trouble finding tenants to fill their buildings. Companies like The Hamilton Company and Alpha Management dominate the Allston, Brighton and Fenway real estate markets, ... read more
    Source: mass-legal.comPublished on 2015-11-03
  • Boston Student Apartment Security Deposit Law
    Every year, over 45,000 students rent apartments in Boston. With such a massive number of students in need of housing, large property management companies have little trouble finding tenants to fill their buildings. Companies like The Hamilton Company and Alpha Management dominate the Allston, Brighton and Fenway real estate markets, ... read more
    Source: mass-legal.comPublished on 2015-11-03