Recent Stories

  • Overtime for Commission-Only Employees
    Commission-only employees have right to overtime pay On May 8, 2019, the Massachusetts Supreme Judicial Court issued a groundbreaking decision guaranteeing overtime to employees who are paid on a commission-only basis. The case is Sullivan v. Sleepy’s LLC. The SJC was considering whether salespeople who receive only commissions and ... read more
    Source: masswagelaw.comPublished on 2019-05-09
  • Case Report: $2 Million Wage Act Class Action Settlement
    On January 14, 2019, settlement checks went out to the more than a thousand class members in a class action we brought against a Massachusetts home healthcare company. We were appointed as counsel for a settlement class of home health aides, who we alleged were required to travel between client ... read more
    Source: masswagelaw.comPublished on 2019-03-25
  • Supreme Judicial Court Issues Ruling on Agricultural Overtime Pay
    Today the Massachusetts Supreme Judicial Court issued an important decision in favor of agricultural workers. The case is Arias-Villano et al. v. Chang & Sons Enterprises, Inc. which was brought on behalf of workers of a company farming and distributing bean sprouts. The key question in the case was whether ... read more
    Source: masswagelaw.comPublished on 2019-03-15
  • Case Report: Massachusetts Superior Court Certifies Home Health Aide Class Action
    On February 25, 2019, the Massachusetts Superior Court for Suffolk County certified three classes of home health aides in Portillo, et al., v. Compassionate Homecare Inc., et al., Case No. 17-0283A, an unpaid wage class action. Our law firm was appointed as class counsel for the employees. In our motion ... read more
    Source: masswagelaw.comPublished on 2019-03-06
  • Case Report: Wage Act Class Action Settled on Behalf of Home Health Aides
    On November 19, 2018, the Massachusetts Superior Court for Suffolk County approved a settlement of a class action we brought against a Massachusetts home care agency. We were appointed as counsel for a settlement class of approximately 1,200 home health aides, who we alleged were required to travel between client ... read more
    Source: masswagelaw.comPublished on 2019-03-04
  • 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 with similar folks here to start successful businesses. While many of these businesses succeed, others fail. However, employee wages are not contingent on business ... read more
    Source: masswagelaw.comPublished on 2017-10-12
  • 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