Total Articles: 6
Court Extends Massachusetts Wage Act Coverage to Out-of-State Employees
In a case of first impression, a Massachusetts Superior Court judge in the Business Litigation Session has ruled that the Massachusetts Wage Act protects out-of-state employees as long as they have sufficient contacts with the Commonwealth. In Dow v. Casale, et al., Superior Court Civil Action No. 10-1343-BLS1, a former sales director, who resided in Florida and worked out of his home in Florida, brought suit against several officers and directors of his former employer, a Massachusetts technology company, claiming that the company owed him in excess of $100,000 in unpaid commissions and accrued vacation pay. Finding that the Wage Act, “was designed to regulate the actions of Massachusetts employers, regardless of where their employees work,” Superior Court Judge Peter Lauriat concluded that the out-of-state employee had sufficient contacts to move forward with his suit seeking unpaid commissions and accrued vacation pay.
Mandatory Treble Damages on Massachusetts Wage and Hour Claims Are Not Mandatory for Conduct Occurring Prior to July 12, 2008
The Supreme Judicial Court, Massachusetts’ highest court, has ruled in Rosnov v. Molloy, SJC-10762 (August 31, 2011) that an amendment to the Massachusetts Wage Act, which mandates an automatic award of treble damages to employees prevailing on wage and hour claims under Massachusetts law, does not apply retroactively. Rather, according to the Supreme Judicial Court, it only applies to conduct occurring on or after the July 12, 2008 effective date of the statute. A 2008 amendment to the Massachusetts Wage Act, M.G.L. c. 149, section 150, provides for a mandatory award of treble damages to prevailing employees in wage and hour claims against their employers. Specifically, the amendment provided the following
Docking Pay For Property Damage Not Permitted Under Massachusetts Wage Act, Court Rules
Over the years, Massachusetts employers have wondered, “What can I deduct from an employee’s paycheck?” This week, in Camara v. Attorney General, the Massachusetts Supreme Judicial Court, deferring to the Attorney General’s interpretation of the Massachusetts Wage Act, narrowed the list of potential deductions.
Massachusetts High Court Rules Discharged Workers Are Owed Vacation Pay.
The states 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 employees entitlement is another form of compensation, which is due upon discharge.
Massachusetts Supreme Judicial Court Rules Employers Must Pay Terminated Employees For Any Unused Vacation Time.
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.
Last Employer Left in Massachusetts Turn Out the Lights
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 states wage and hour laws, even if the violation was inadvertent. This includes the states wage payment and overtime and minimum wage laws.
