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”.
Read MoreIn Galloway v. SimpliSafe Inc., call center customer service representatives filed a class action alleging that they should be paid a premium for working Sundays under the Massachusetts Blue Laws because they sold new alarm systems as part of their duties.
Read MoreOn December 2, 2019, the First Circuit held that Massachusetts law does apply to Massachusetts au pairs and that according to Massachusetts law, those au pairs must be paid overtime for hours worked over 40 in a workweek.
Read MoreOn Monday October 28, Steffans Legal filed a class action on behalf of Shawn Connors and all other tipped employees at MGM Springfield for what we believe to be serious violations of state and federal wage-and-hour laws.
Read MoreYesterday, Flo came to our management team requesting a workplace accommodation for a recently diagnosed illness she is suffering from. Let’s walk through whether she is covered under any employment laws and if so what we should consider when deciding whether we can accommodate her request.
Read MoreThe US Department of Labor announced that it is raising the minimum salary threshold from $455/week to $684/week. Thus, in order for employees to qualify for certain exemptions from overtime and minimum wage requirements under the FLSA, they must be paid at least $35,568 per year starting January 1, 2020.
Read MoreThe case of Lazo v. Sodexo, Inc., recently decided by the First Circuit, explains how the Massachusetts Tips Act regulates service charges by prohibiting employers from retaining ‘service charges’ paid by a customer and instead allows employers to charge and retain an administrative fee.
Read MoreSpeedway recently moved to dismiss Massachusetts Overtime Act related claims of a group of managerial employees, arguing that gas station employees are exempt from overtime under the Act. The Court sided with the employees, suggesting that Speedways may not be a ‘gas station’ based on the employees’ duties.
Read MoreA recent Massachusetts court case demonstrates how non-solicit agreements work and how courts analyze them in determining whether a former employee engaged in conduct that amounted to solicitation in violation of a non-solicit agreement.
Read MoreA Massachusetts superior court justice answers important questions regarding amusement parks, seasonal businesses, and overtime. Providing more guidance on how to determine which days count as operational to qualify for these exemptions.
Read MoreIn a class action filed in Berkshire County Superior Court we’ve alleged that MetLife, Inc. violated Massachusetts wage and hour laws in five separate respects: (1) failure to pay minimum wage, (2) failure to pay overtime, (3) failure to reimburse business related expenses, (4) unlawful payroll deductions, and (5) failure to reimburse travel expenses.
Read MoreSteffans Legal filed a statewide class action in Berkshire County Superior Court against Papa Gino’s, Inc. We’ve brought this claim on behalf of all delivery drivers who worked at a Papa Gino’s location in Massachusetts.
Read MoreThe sky hasn’t fallen…Massachusetts court rules that new non-compete law does not require garden leave pay or, for that matter, any leave pay.
Read MoreOn 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.
Read MoreA 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.
Read MoreOn May 8, 2019, in the case of Sullivan v. Sleepy’s LLC, the Massachusetts Supreme Judicial Court injected some much needed clarity into whether commission-based employees must be paid overtime and premium pay regardless of the amount of their commission.
Read MoreOn April 12, 2019, the Massachusetts Supreme Judicial Court, in Gamella v. P.F. Chang’s China Bistro, Inc., resolved lingering doubt as to whether state and federal courts would use the same analysis when determining whether to allow wage claims to proceed on a class action basis.
Read MoreThe Americans with Disabilities Act, as well as its Massachusetts state law equivalent, prohibit employers from discrimination against individuals with disabilities. Those laws, unlike other anti-discrimination laws, also require employers to provide disabled employees with reasonable accommodations so that they may perform their job duties.
Read MoreSteffans Legal filed a nationwide class action in the United States District Court for the Northern District of Ohio against a national chemical manufacturing company alleging that the employer failed to pay wages to their employees for all hours worked.
Read MoreFor 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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