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Category Archives: MA Wage and Salary

New Standard for Employer Liability under MA Wage Act

By The Jacobs Law |

Recently determined in the Superior Court of Massachusetts was the applicability of the Single Integrated Enterprise Theory to Wage Act Claims. The judge in Fitzgerald, et al. v. The Chateau Restaurant Corporation, et al., determined that restaurant managers who worked for the same chain but at different, separately incorporated locations could bring a class-action lawsuit against… Finish Reading New Standard for Employer Liability under MA Wage Act

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MA SJC Made 100% Commissioned Inside Sales Reps a Risky Bet

By The Jacobs Law |

For many years, preeminent employment lawyers and business trade groups had advised businesses to ensure that the payments made to 100% Commissioned Inside Sales Representatives are at least equal to or greater than minimum wage for the first 40 hours worked each week plus one-and-a-half times the minimum wage for each hour worked over 40 hours… Finish Reading MA SJC Made 100% Commissioned Inside Sales Reps a Risky Bet

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Massachusetts Wage and Hour Laws: Minimum Wage

By The Jacobs Law |

  Determining how much to pay your employees can be difficult. On one hand, you want them to be happy and able to support themselves; on the other hand, you want to keep as much of the profits as possible. Luckily, the law provides some sort of guidance. The Fair Labor Standards Act (FSLA)… Finish Reading Massachusetts Wage and Hour Laws: Minimum Wage

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Massachusetts Wage and Hour Laws: An Introduction

By The Jacobs Law |

We are beginning a series where we delve into the different laws that are addressed in the Federal Fair Labor Standards Act, and hopefully help you avoid mistakes that can be detrimental to your business. This act details exactly how to calculate your employee’s compensation, and what you can and can’t do regarding overtime… Finish Reading Massachusetts Wage and Hour Laws: An Introduction

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Business Litigation Lawyers

Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test

By Travis Jacobs |

Want to know if you have been misclassifying your workers as independent contractors rather than as employees?  Better yet, want to know if you have been misclassified by your employer? Today’s blog will discuss the legal standard in Massachusetts to determine whether a worker is an independent contractor or an employee under the law. Employers… Finish Reading Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test

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Liability For Third Party Harassment

Uber’s Legal Issues Are Not Unique

By Travis Jacobs |

…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could be. In many ways, Uber is a model of business success.  However, in the last few years Uber has been subject to class action wage and salary lawsuits (unpaid overtime, misclassification of workers) in… Finish Reading Uber’s Legal Issues Are Not Unique

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Independent Contractor Statute

MA Superior Court Wage Act Decision – Turning Precedent on its Head?

By Travis Jacobs |

A Massachusetts Superior Court recently ruled that a car dealership that paid employee-mechanics an hourly rate while working on customer vehicles, but did not compensate them for time spent on related tasks, such as cleaning their workspace, maintaining tools, dealing with customers and coworkers or completing paperwork, did not violate the Massachusetts Wage Act. It is… Finish Reading MA Superior Court Wage Act Decision – Turning Precedent on its Head?

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Unpaid Overtime Claims

Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

By Travis Jacobs |

Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining the forum for wage act cases. The 1st Circuit Court of Appeals recently concluded in Cossart v. United Excel Corporation, et al., that a federal court in Massachusetts could exercise personal jurisdiction over a Kansas… Finish Reading Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

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Independent Contractor Statute

Massachusetts Sick Time Complaints Have Begun to Roll In

By Travis Jacobs |

The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months ago on July 1, 2015. As predicted, the latest wave of ‘wage and salary’ type complaints and lawsuits in Massachusetts are trickling in to my plaintiff-lawyer colleagues. Do not underestimate the consequences of failing to… Finish Reading Massachusetts Sick Time Complaints Have Begun to Roll In

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Insurance Agents Were the Latest Target of Worker Misclassification Cases

By Travis Jacobs |

A series of recent Massachusetts court rulings addressing the classification of workers as employees or independent contractors have involved real estate agents, truck drivers and taxi cab drivers. Employers can now add insurance agents to the list of workers who have undergone court scrutiny for classification as employees or independent contractors. As many of you who follow the… Finish Reading Insurance Agents Were the Latest Target of Worker Misclassification Cases

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