Tag Archives: employee
Fraudulent or Negligent Misrepresentation
In the business world today where contracts govern almost every move a employer or employee makes, fraudulent and negligent misrepresentation claims have become much more common in the context of business litigation. In order to succeed on a claim for fraudulent misrepresentation, the plaintiff must satisfy the following five elements: Prove the defendant made… Finish Reading Fraudulent or Negligent Misrepresentation
Massachusetts Wage and Hour Laws: Minimum Wage
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
Massachusetts Wage and Hour Laws: The Workweek
The first installment in this series is about the “workweek.” The Fair Labor Standards Act (FLSA) describes the workweek as “a recurring period of seven consecutive 24 hour periods” that can begin on any day of the week. This “work week” is fixed, as well as independent of the actual hours worked by the… Finish Reading Massachusetts Wage and Hour Laws: The Workweek
Massachusetts Wage and Hour Laws: An Introduction
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
Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?
Every business relies on employees to use sound judgment and make responsible decisions within the scope of the employment. Effective employees work well under limited supervision, assist customers, help the business move towards its goals, and everyone benefits. What happens when employees act unreasonably, out of the scope of employment, and, as a result, damage… Finish Reading Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?
Marijuana in the Office: The Lowdown for Employers
This past November, voters approved a ballot measure legalizing the possession and recreational use of marijuana. On December 15, the new law went into effect, legalizing recreational use and homegrowing of marijuana plants (up to 12 plants per household). However, the state legislature and the newly formed Cannabis Control Commission have delayed the implementation… Finish Reading Marijuana in the Office: The Lowdown for Employers
Employers: Pay Often and Pay Early!
The Jacobs Law has spent a considerable amount of time on this bLAWg writing about the Massachusetts Wage Act, and the consequences it imposes on employers f0r misclassifying ’employees’ as ‘independent contractors’, failing to pay overtime or wages, or failing to pay wages to employees immediately upon termination. A recent case tested the limits of… Finish Reading Employers: Pay Often and Pay Early!
Massachusetts General Laws Chapter 149 Section 150
Section 150. The attorney general may make complaint or seek indictment against any person for a violation of section 148. On the trial no defence for failure to pay as required, other than the attachment of such wages by trustee process or a valid assignment thereof or a valid set-off against the same, or… Finish Reading Massachusetts General Laws Chapter 149 Section 150
CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model
The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was instead an employee. While the decision only involves the claims of one former driver of the ride-sharing startup, it could have a rippling affect through not only Uber and its on-demand ride competitor Lyft,… Finish Reading CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model
Employer Liable for Harassment of Employee by an Employee of a Distributor
You may have read this title and thought this blog article was some ill-timed April Fool’s joke. Well, you would be wrong. In yet another blow to American businesses, the 4th Circuit Court of Appeals ruled that a defendant-tile-manufacturing company could be liable to one of its employees for alleged sexual harassment of that… Finish Reading Employer Liable for Harassment of Employee by an Employee of a Distributor