A recent Massachusetts Superior Court opinion sheds light on whether an owner of a Massachusetts LLC can bring a claim under the Massachusetts Wage Act.
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Are class action waivers signed by Postmates drivers enforceable? A recent Massachusetts Superior Court ruling says yes.
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In Hogan et al. v. The InStore Group, LLC, a Massachusetts court granted summary judgment in favor of a Plaintiff and a class of retail vendor associates claiming that they were misclassified as an independent contractors.
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On July 17, 2020, the First Circuit Court of Appeals was asked to decide whether class action waivers are enforceable outside the FAA context?
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In Weiss v. Loomis, Sayles & Company, Inc., the Massachusetts court of appeals reversed a trial court’s decision ruling that the plaintiff was misclassified as an independent contractor. In doing so, the appeals court provided helpful guidance on how to apply the Massachusetts independent contractor three part “ABC test”.
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On May 1, 2019, a Massachusetts federal court, in the case of DaSilva et al. v. Border Transfer of MA, Inc., made it even more risky and difficult for employers using independent contractors.
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A recent Massachusetts court, in the case of Valle v. Powertech Industrial, injected some helpful guidance as to when salespeople are employees and when they are independent contractors.
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For as long as I’ve practiced law, courts across the country, both state and federal, have uniformly held that wage-and-hour laws should be construed broadly to protect employees and that exemptions from those laws should be construed narrowly to protect employees.
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The Massachusetts Wage Act (“MWA”) is the Massachusetts law that, among other things, requires employers to pay employees for all hours worked, pay overtime for hours worked over 40 to most employees, and to pay vacation time.
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Under Massachusetts law, it’s quite difficult to properly treat an individual as an independent contractor. Thankfully (if you are an employer) the Supreme Judicial Court (SJC) has carved a pro-employer exception into the law that makes it much easier to treat someone as an independent contractor, at least for workers’ compensation purposes.
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