Steffans Legal Current Representations in Claims for Unpaid Wage, Overtime, and Tips Act Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod
Employment Lawyer Ben Steffans currently represents a number of clients in unpaid wage, UNPAID overtime, UNPAID BONUSES, UNPAID COMMISSIONS, and tipS act claims. A summary of a sample of those matters is below.
Class of Retail Design Associates and Sales Associates, Massachusetts in claims that the employer, a national retail furniture store, failed to pay design associates and sales associates a premium to work Sundays and Holidays in violation of the Massachusetts Wage Act and Massachusetts Blue Laws. A complaint has been filed in Middlesex County Superior Court.
Group of restaurant employees, Great Barrington, Berkshire County in claims for wrongfully diverted tips and service charges. In this case we claim that the restaurant violated the Massachusetts Tips Act by distributing tips through a tip pool to individuals who are not entitled to receive tips including hosts, hostesses, and individuals with managerial authority. We claim the restaurant also violated the Massachusetts Minimum Fair Wages Act by paying the employees the “service rate” instead of Massachusetts minimum wage. These claims are currently pending in Berkshire County Superior Court in Pittsfield and includes claims brought under the Massachusetts Tips Act.
Manufacturing Employee, Great Barrington, Berkshire County in claims of unpaid overtime and unpaid wages. We claim that the plastics manufacturer failed to pay for all hours worked during a pay period and, instead, paid according to a workweek that did not match the pay period. This claim includes violations of the Fair Labor Standards Act and the Massachusetts Wage Act.
Class of Grocery Employees, Pennsylvania in claims of unpaid overtime and unpaid wages. Here the employer, a large grocery store chain, impermissibly utilized the fluctuating workweek to avoid having to pay time-and-a-half for all hours worked over 40 in a workweek. A complaint has been filed on behalf of our client and all others similarly situated in the Pennsylvania Court of Common Pleas, and we are seeking to have this case certified as a class action and collective action.
Class of Bakery Employees, Massachusetts in claims of unpaid overtime and unpaid wages. In this matter, we claim that the employer, a commercial bakery, failed to compensate non-exempt employees for the time the spent donning and doffing protective gear and walking from place to place. We will seek to have this case certified as a class action and collective action. This claim includes violations of the Fair Labor Standards Act and the Massachusetts Wage Act.
Class of Delivery Drivers, Massachusetts in claims of failure to reimburse for travel expenses and failure to pay proper minimum wage. This claim includes violations of the Massachusetts Wage Act and is pending in Hampshire County Superior Court.
Class of Delivery Drivers, Massachusetts in claims of failure to reimburse for travel expenses, wrongfully diverted delivery fees, and failure to pay proper minimum wage. This claim includes violations of the Massachusetts Wage Act and is pending in Hampden County Superior Court.
Class of Gas Station Convenience Employees, Massachusetts in claims of unpaid wages and unpaid overtime. In this case, we claim that the employer, a statewide gas station and convenience store chain, failed to pay hourly employees for all hours, including for duties performed before and after their shift. This claim includes violations of the Massachusetts Wage Act and Fair Labor Standards Act and will be filed in Springfield Superior Court. This claim will include unpaid overtime and unpaid wages for employees working in Chicopee, Springfield, West Springfield, Holyoke, East Longmeadow, Agawam, Ludlow, Westfield, Easthampton, Southwick, Palmer, Northampton, and Hadley.
Group of Restaurant employees, Lenox, Massachusetts in claims that their employer failed to distribute service charges it collected from guests to wait staff, service employees, and service bartenders. Under the Massachusetts Tips Act, employers that charge service charges to customers must in turn distribute the entire proceeds of the service charge only to wait staff employees, service employees, or service bartenders. The claims are currently pending in Berkshire County Superior Court in Pittsfield.
Class of Tipped Employees, Springfield, Massachusetts in claims of unpaid wages and unpaid overtime against their employer, a casino in Hampden County. In a complaint filed in the US District Court in Springfield, Massachusetts, we allege that the employer failed to comply with notification requirements in order to pay tipped employees a service rate instead of state minimum wage, improperly calculated employees’ overtime rate of pay, and unlawfully deducted gaming license fees from employees’ wages.
Bakery Production Employee, Hyannis, Massachusetts in claims that his former employer, a bakery, misclassified him as exempt from overtime. The employee was paid a salary and did not have any administrative or managerial responsibilities. Instead the employee worked 40 plus hours a week baking bread, packaging bread, and delivering bread. We allege that by misclassifying the employee as exempt the employer failed to pay him an overtime premium for working over 40 hours in a workweek. A complaint has been filed in the US District Court in Boston.
Production Supervisor, Lawrence, Massachusetts in claims that her employer, a large food manufacturing company in Essex County, misclassified her as exempt from overtime and as a result failed to pay overtime for hours worked over 40 in a workweek. Although the employee’s job title was production supervisor and she was paid a salary above $684 per week, her job duties did not meet the executive exemption requirements. A complaint has been filed in Essex County Superior Court.
Mechanical Engineering Manager, Centerville, Massachusetts in claims that his former employer, a manufacturing technology company, failed to pay him his salary and failed to reimburse him for travel expenses in violation of the Massachusetts Wage Act. The case has been filed in Barnstable District Court.
Class of Food Production Workers, Worcester, Massachusetts in claims that the employer, a food manufacturer, failed to pay for all hours worked by requiring employees to clock-in 7 minutes before the start of their shift without compensation. A class action complaint has been filed in Worcester County Superior Court.
Financial Advisor, Springfield, Massachusetts in claims that his former employer, a financial planning firm, failed to pay his earned commissions. We allege that the firm failed to pay all commissions in violation of the Massachusetts Wage Act and in breach of the employment agreement between the two parties. The case is currently filed at the US District Court in Springfield, Massachusetts.
Sales Manager, Northampton, Massachusetts in claims that his employer failed to pay his earned commissions in violation of the Massachusetts Wage Act. In a case filed in Hampshire County Superior Court we allege that the employer owes over $100,000 in commissions.
Steffans Legal Current Representations in Employment Discrimination Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod
Attorney Ben Steffans currently represents a number of clients in Employment discrimination claims. A summary of a sample of those matters is below.
Financial Advisor, Springfield, Massachusetts in claims that his former employer, a financial planning firm, discriminated against him in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). We allege that our client was not provided with benefits, compensation, and a promotion that would have been earned had he not been deployed. The case is currently filed in the US District Court in Springfield.
Sales Manager, Northampton, Hampshire County in a claim that his former employer, an automotive dealership, violated his rights under the Massachusetts Parental Leave Law. We allege that our client was unlawfully terminated while on parental leave. A complaint has been filed at the Springfield division of the Massachusetts Commission Against Discrimination.
Production Maintenance Employee, Worcester, Massachusetts in claims that her former employer, a food manufacturer, discriminated against her due to her disability and gender. In a complaint filed at the Massachusetts Commission Against Discrimination in Worcester, we allege that her employer placed her on an indefinite unpaid suspension because of disability related absences in violation of M.G.L. ch 151B and the Americans with Disabilities Act.
Secretary, Williamstown, Massachusetts in claims that her former employer subjected her to an unlawful harassing and hostile work environment in violation of Massachusetts anti-harassment laws. Supervisors, on a regular basis, made inappropriate jokes and comments about sex, race, and gender. If these claims are not resolved pre-suit a complaint will be filed at the Springfield division of the Massachusetts Commission Against Discrimination.
Certified Nursing Assistant (CNA), Holyoke, Hampden County in claims of unlawful disability discrimination under the Americans with Disabilities Act and retaliation under the Family and Medical Leave Act against her former employer a large hospital in Hampden County. The hospital failed to provide a reasonable accommodation and failed to allow our client to return to work from FMLA leave. If this claim is not resolved pre-suit, it will be filed at the Massachusetts Commission Against Discrimination in its Springfield office.
Foreman, Pittsfield, Massachusetts in claims of associational discrimination, violation of the employee’s rights under the Family and Medical Leave Act (FMLA), and failure to accommodate under the Americans with Disabilities Act. Our client was terminated in conjunction with requesting additional time off to care for a child with leukemia. If these claims are not resolved pre-suit, they will be pursued at the Massachusetts Commission Against Discrimination and Berkshire County Superior Court in Pittsfield.
Quality Assurance Lead, Fall River, Massachusetts in claims that his former employer, a large IT company, failed to accommodate his disability in violation of the Americans with Disabilities Act. Our client was requesting temporary accommodations, including telecommuting (working from home). Instead of granting the accommodation or engaging in the interactive process, our client was terminated. A complaint has been filed at the Massachusetts Commission Against Discrimination in New Bedford.
Principal Business Systems Analyst, Wakefield, Massachusetts in providing counseling and advice regarding requesting a disability accommodation at work.
Senior Unit Coordinator, Westfield, Massachusetts in claims that she was subjected to unlawful employment discrimination and unlawful workplace harassment based on her ethnicity. On a near daily basis derogatory comments were made about her ethnicity despite her objections. The employer failed to talk remedial steps in response to the employee’s complaints about the harassment.
Automotive Salesperson, Auburn, Massachusetts in claims that his former employer, an auto dealership, failed to pay overtime for hours worked over 40 in a workweek and failed to pay a premium for working on Sundays. Additionally, we allege that our client was subjected to age discrimination because of discriminatory remarks and a pattern and practice of steering sales leads towards younger salespeople. A complaint has been filed in Worcester County Superior Court.
Steffans Legal Current Representations in Retaliation Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod
Employment Attorney Benjamin Steffans currently represents a number of clients in unlawful Workplace retaliation claims. A summary of a sample of those matters is below.
Accountant, Barnstable County in claims of unlawful retaliation in violation of the Massachusetts Whistleblower Protection Act as well as interference with our client’s rights under the Family and Medical Leave Act.
Licensed Social Worker, Milton, Massachusetts in claims of retaliation and failure to accommodate under the Americans with Disabilities Act. We allege that her former employer, a behavioral health center, failed to accommodate the employee’s request to work without direct patient care due to her underlying health condition making her high risk for severe COVID-19 complications. Additionally, our client raised concerns that the facility was not taking proper precautions in regards to social distancing requirements and was not providing PPE increasing the risk for transmission of the virus. If these claims are not resolved pre-suit, they will be filed at the Massachusetts Commission Against Discrimination in Boston.
Steffans Legal Current Representations in Harassment and Bullying Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod
Ben Steffans currently represents a number of clients in unlawful harassment and bullying claims. A summary of a sample of those matters is below.
Restaurant General Manager, Fall River, Bristol County in sexual harassment, discrimination, and hostile work environment claims against his former employer a restaurant in Somerville, Middlesex County. The claims arise under Title VII of the Civil Rights Act and its Massachusetts corollary, Massachusetts General Laws. c. 151B. If this claim is not resolved pre-suit, it will be filed at the Massachusetts Commission Against Discrimination in its New Bedford office.
Dental Assistant, Sandwich, Massachusetts in claims of unlawful sexual harassment and unlawful retaliation against her former employer, a dental surgeon, based in Barnstable County. In a complaint filed at the Massachusetts Commission Against Discrimination’s New Bedford office, we allege our client was sexually harassed by her supervisor and retaliated against for not engaging in the conduct.
Steffans Legal Current Representations in Employment Agreements, Separation Agreements, Non-Compete Agreements, and Non-Solicit Agreements in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod
Ben steffans currently represents clients in various claims involving employment agreements, separation agreements, and non-compete and non-solicit agreements, including the following.
Pharmaceutical consulting company, Shrewsbury, Worcester County regarding negotiations with third parties concerning terms of relationship including ownership of intellectual property, confidentiality of trade secrets and proprietary information, and non-competition and non-solicitation restrictions.
Executive, Berkshire County, Massachusetts in drafting and negotiating terms of an employment contract with his employer, an innovation and entrepreneurship focused not-for-profit organization.
Financial Advisor, Hampden County, Massachusetts in reviewing and advising regarding an employment agreement, commission plan, and non-compete and non-solicit agreement with an employer, a financial planning firm based in Springfield, Massachusetts.
Materials Research Scientist, Westford, Massachusetts in providing counseling and advice regarding a non-compete, non-solicit, and non-disclosure agreement with her former employer, an advanced manufacturing company.