November 23, 2016

Yesterday, November 22, 2016, a Texas federal judge issued a nationwide preliminary injunction banning the US Department of Labor from enforcing the new overtime rules that were introduced by the Obama administration in May 2016. 

Why did the courts step in? 

Well, because a coalition of 21 states and 50+ business groups sued to invalidate the new regulations. The current ruling was issued on an emergen...

November 23, 2016

As of yesterday, November 22, 2016, a federal judge has issued a nationwide preliminary injunction banning the US Department of Labor from enforcing the new overtime rules that I wrote about below back in May 2016. I cover the judge's decision in more detail here.

In the meantime, click here for continuing updates on overtime, and seek legal counsel on the current status of the law. Employment law is...

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...

September 8, 2016

A Cambridge-based au pair agency and a host family sued Attorney General Maura Healey last week to stop the application of the Massachusetts Domestic Workers Bill of Rights and the supporting regulations to au pair host families.

According to their civil complaint, Cultural Care Au Pair sued because the Domestic Workers law and regulations will increase the amount host families are required to pay...

August 19, 2016

One of the best parts of being an employment lawyer is figuring out all the relevant aspects of an employment situation and counseling people on how to best go about achieving their goals. When I worked at the Massachusetts AG's Office, if someone was speaking with me it was usually either because they were a worker who was mistreated somehow at work or because they were an employer (or their lawyer)...

August 11, 2016

In the past few weeks, the U.S. Department of Labor (USDOL) has updated two of its posters.

The first pertains to federal wage and hour requirements regarding the minimum wage, overtime, breaks for nursing mothers, and tipped employees

The second pertains to Employee Polygraph Protection Act, which bans most private employers from using lie detector tests at either the hiring stage or during the cours...

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...

July 8, 2016

Assuming this is a private employer, you are at will (without an employment contract and not unionized) and you are not under 18, a couple things form the backdrop to this question: 


- The employer has to pay you what the agreement (verbal, written) is between you both to be paid. If you have not specifically negotiated an increase for this additional work -- even if the employer is making/profiting m...

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