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A recent Massachusetts Appeals Court case reaffirms two long-held principles under the Massachusetts wage laws: that 1) certain corporate officers may be held individually liable for Wage Act violations; and 2) where employers fail to comply with the legal obligations to maintain certain time-keeping records, they should not benefit from that in litigation. 

1. Individual Liability for Certain Off...

December 12, 2018

As of January 1, 2019, the Massachusetts minimum wage will go up, and it will continue to go up each year on January 1 in the following steps:

  • January 1, 2019  -- $12.00  

  • January 1, 2020  -- $12.75   

  • January 1, 2021  -- $13.50  

  • January 1, 2022  -- $14.25   

  • January 1, 2023  -- $15.00   

The service rate is also go...

March 28, 2017

It's possible. These cases theoretically implicate a couple of different laws and doctrines, including breach of contract, the Massachusetts Wage Act, and the covenant of good faith and fair dealing.

I will provide an overview of these three separate bodies of law and give some examples of how they come into play in this situation based on cases that have already been litigated.

These cases, like most e...

October 8, 2016

While washing the dishes this morning and listening to WGBH, I heard this story on wage theft and the work of the Attorney General's Fair Labor Division, where, until 2014, I used to work: 

According to Cindy Mark, Chief of the AG's Fair Labor Division, there are just too many cases of wage theft for the Attorney General’s office to process.

“Every year, the Attorney General’s office gets over 6,000 com...

August 15, 2016

In Massachusetts, many --though not all -- employees need to be paid either weekly or biweekly (every other week). Here is a general outline of the rules, as always, for educational purposes only. Feel free to contact me with specifics about your personal situation. 

  • Most employees who work five or six days in a calendar week need to be paid either weekly or biweekly within six days from the c...

August 1, 2016

A recent story from the LA Times on illegal wage payment practices begins by setting out the following scenario:

After a week of 10-hour days folding and packaging clothing, Jesus Francisco Moreno walked out of the factory in downtown Los Angeles on a recent Monday afternoon to collect his $450 in wages. Holding a personal check, with no required deductions, he went to a white, unmarked van parked near...

July 15, 2016

A New York Times editorial today highlights a sadly common issue among service workers -- "unpaid overtime, misrecording of timecards to reduce pay, failure to pay the minimum wage and failure to pay wages owed to employees who quit or were fired." This case involves a franchise of McDonald's in California. A federal district court judge certified the class action, meaning the employees could continue...

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