News & Analysis as of

Wage Act Unpaid Wages

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Verrill

Massachusetts Employers Beware: Any Late Wage Payment Means Liability for Triple Damages

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Last month, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that any late payment of wages by an employer results in strict liability for treble damages under the Wage Act. Prior to this ruling,...more

Bowditch & Dewey

Wage Act Updates: Massachusetts’ Highest Court Finds Limited FLSA Preemption of Wage Act Remedies and Employers Should Prepare for...

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MASSACHUSETTS SUPREME JUDICIAL COURT RULING – GOOD NEWS FOR EMPLOYERS - It has been a busy Spring for the Massachusetts Supreme Judicial Court (SJC). On April 14, 2022, on the heels of Reuter v. City of Methuen (see our...more

Goulston & Storrs PC

Massachusetts Imposes Additional Potential Liability on Employers for Wage-and-Hour Compliance

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In a departure from earlier court decisions, the Massachusetts Supreme Judicial Court (SJC) has imposed additional potential liability on employers for wage-and-hour compliance. In Reuter v. City of Methuen, the SJC explained...more

Faegre Drinker Biddle & Reath LLP

Massachusetts Employers Be Warned: Telling Employees “Your Wages are Coming, Your Wages are Coming” May Lead to Treble Damages

On April 4, 2022, the Massachusetts Supreme Judicial Court held, in Reuter v. City of Methuen, that employers are strictly liable for treble wages as liquidated damages if they fail to make timely payments upon an employee’s...more

Mintz - Employment Viewpoints

The Massachusetts High Court Holds That Employers Are Now Automatically Liable For Treble Wage Damages for Any Untimely Paid Final...

The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Holds That FLSA Preempts Wage Act Remedies for Federal Overtime Violations

On April 14, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that when an employee pursues and succeeds on a claim for the failure to pay overtime wages under the Fair Labor Standards Act (FLSA), the employee may...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules that Employees with Federal Overtime Claims Cannot Obtain Remedies Under the...

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On April 14, 2022, the SJC held that where employees’ sole claims for overtime wages rest on the employer’s liability under the FLSA, employees are limited to the remedies provided under the FLSA, and may not receive treble...more

ArentFox Schiff

Massachusetts Highest Court Awards Treble Damages Under the Wage Act, Even After Employer Remedied Violation

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Beth Reuter was terminated from her employment with the City of Methuen (the “City”). On her termination date, the City failed to pay Ms. Reuter for her accrued, unused vacation time, as required by M. G. L. c. 149, § 148...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules Employer Must Pay Treble Damages on Late Wage Payments

Foley Hoag LLP on

On April 4, 2022, the SJC held that employers must pay treble damages on late wage payments, even if the employee has not filed a Wage Act complaint with the Office of the Attorney General or a court before the payment is...more

WilmerHale

Massachusetts SJC Rules that Employers are Strictly Liable for Treble Damages for Delayed Wage Payments

WilmerHale on

Overturning nearly 20 years of lower-court precedent, on April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a landmark decision holding that an employer is strictly liable for treble damages for any late...more

Partridge Snow & Hahn LLP

Massachusetts Wage Update: SJC Overturns Years Of Precedent And Finds That Employers Must Automatically Pay Triple Damages If...

It is well known that if a Massachusetts employer terminates an employee, the employer risks being liable for three times the amount of wages owed if payment is not made on the last day of employment. A lesser known corollary...more

Bowditch & Dewey

Massachusetts Employers Are Strictly Liable for Treble Damages for Late Wage Payments

Bowditch & Dewey on

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that employers are strictly liable for treble damages on late wage payments even when an employee has not yet filed suit asserting...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

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The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

Goodwin

No Safe Harbor for Late Payments to Massachusetts Employees: Pay on Time or Pay Triple

Goodwin on

On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Reuter v. City of Methuen, holding that an employer must pay treble (triple) damages if the organization is late in paying the wages of...more

BakerHostetler

Massachusetts Supreme Judicial Court Abrogates Employers’ Sole Defense to Automatic Treble Damages Liability for Late Final Wage...

BakerHostetler on

On April 4, the Massachusetts Supreme Judicial Court handed employees there yet another victory in Reuter v. City of Methuen, holding that they are automatically entitled to triple damages for any late payment of final wages...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts SJC: Employers Are Strictly Liable for Treble Damages for Late, Pre-Suit Wage Payments

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed...more

Conn Kavanaugh

Late Payment of Wages Means Triple Liability for Employers Even If Wages Are Paid Before Suit is Filed

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On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) dispelled the notion that employers can avoid triple liability for late payment of wages under the Massachusetts Wage Act, M.G.L. c. 149, § 148 (“Wage Act”),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more

BCLP

In Colorado, Employers May Giveth - But They May Not Taketh Away

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Last month, the Colorado Supreme Court finally resolved a longstanding issue in Colorado employment law: whether employers may have a policy or agreement that provides for forfeiture of accrued but unused vacation. The...more

Conn Kavanaugh

Beware of the Wage Act – Review Pay Plans for Commission Based Inside Salespersons and Stay Alert for Future Claims

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In early May, the Massachusetts Supreme Judicial Court held that 100% commission-based inside salespersons are entitled to separate, additional overtime pay and premium pay for Sunday work. The decision, Sullivan v. Sleepy’s...more

Saul Ewing LLP

Massachusetts Supreme Judicial Court Approves Attorneys’ Fees for Private Settlements Under the Commonwealth’s Wage Act

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On February 19, 2019, the Massachusetts Supreme Judicial Court ("SJC") held that two employees asserting claims under the Massachusetts Wage Act ("Wage Act") were entitled to recover attorneys' fees from their former employer...more

Fisher Phillips

When Must Commissions Be Paid?

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Many wage laws and jurisdictions give deference to employment agreements or even past employer practices when determining when commissions are "earned" by an employee and must be "paid" by an employer. As a recent decision...more

Hinshaw & Culbertson LLP

Massachusetts Employees Need Not Wait 90 Days to File Wage Act Claim Says 1st Circuit

In Lawless v. Steward Health Care System, LLC, the First Circuit Court of Appeals recently considered a novel question: whether an employee suing for violation of, M.G.L. c. 149, §§ 148, 150 (the “Wage Act”), could recover...more

Littler

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

Littler on

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado. In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018)...more

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