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State Employment Law Articles
Article Index » massachusetts » wage & hour
Report Link Massachusetts Court Ruling Expands the Scope of Damages Available to Employees Misclassified as Independent Contractors.
Littler Mendelson, P.C. - September 10, 2009
The Massachusetts Supreme Judicial Court in Somers v. Converged Access, No. SJC-10347 (Aug. 21, 2009) recently issued a ruling that increases the amount of damages a worker can receive if he or she has been misclassified as an independent contractor, as opposed to an employee, under Massachusetts law.
Report Link Application of Massachusetts Independent Contractor Law Uncovered by State Court.
Littler Mendelson, P.C. - August 17, 2009
On July 30, 2009, in a case with significant implications for wage and hour class actions, the Massachusetts Superior Court interpreted Massachusetts's stringent independent contractor statute, finding in favor of an exotic dancer's claim that her former employer—a strip club—had misclassified her as an independent contractor and not an employee.
Report Link Massachusetts High Court Rules Discharged Workers Are Owed Vacation Pay.
Ogletree Deakins - August 05, 2009
The state’s highest court recently ruled that an employee who earned and was entitled to paid vacation time under the terms of his employment agreement and who was involuntarily discharged was entitled to payment for his unused vacation time. According to the Massachusetts Supreme Judicial Court, while state law does not require employers to provide employees with paid vacation, when the employer does so, an employee’s entitlement is another form of compensation, which is due upon discharge.
Report Link Massachusetts Supreme Judicial Court Rules Employers Must Pay Terminated Employees For Any Unused Vacation Time.
Fisher & Phillips, LLP - June 15, 2009
On June 11, 2009, the Massachusetts Supreme Judicial Court issued a ruling in the case of Electronic Data Systems v. Attorney General holding that, under the provisions of the Massachusetts Wage Act (Massachusetts General Laws chapter 149 § 148) employers must compensate any involuntarily discharged employee for unused accrued vacation time. This ruling is consistent with a 1999 advisory issued to all employers by the Massachusetts Attorney General's office.
Report Link Treble Damages Under Massachusetts Wage and Hour Laws.
Jackson Lewis LLP - June 18, 2008
A recent “clarification” of the Wage and Hour laws by the Massachusetts legislature, effective July 13, 2008, will significantly impact the handling of wage and hour complaints by employers state-wide. Pursuant to Senate Bill No. 1059, any lawsuit alleging a claim under the Massachusetts Wage and Hour laws will carry with it the potential for an award of treble damages, in addition to litigation costs and attorneys' fees, regardless of the willfulness or inadvertence of the employer's actions that form the basis for the claim.
Report Link Last Employer Left in Massachusetts Turn Out the Lights…
Ford & Harrison LLP - April 21, 2008
Massachusetts employers may soon find themselves facing a significant increase in state wage and hour lawsuits in the wake of legislation that became law earlier this week. The new law makes treble damages (that is, three times the amount of lost wages or other benefits) mandatory if an employer is found to have violated the state’s wage and hour laws, even if the violation was inadvertent. This includes the state’s wage payment and overtime and minimum wage laws.
Report Link Treble Damages Now Mandated for Violation of Massachusetts Wage and Hour Laws.
Jackson Lewis LLP - April 16, 2008
On April 14, 2008, the treble damages bill (Senate Bill 1059) became law. This new law makes awards of triple damages mandatory for prevailing plaintiffs in civil actions brought pursuant to the Massachusetts Wage and Hour laws.
Report Link Massachusetts Revises Child Labor Law.
Littler Mendelson, P.C. - February 07, 2007
Effective January 3, 2007, Massachusetts' child labor law was significantly revised for the first time in over 50 years. The revised law makes noteworthy changes to the conditions under which employers may employ children under the age of 18.
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