News & Analysis as of

Wage and Hour State Labor Laws MA Supreme Judicial Court

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

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

Seyfarth Shaw LLP

First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

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In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Morgan Lewis

Massachusetts High Court Issues Three Major Wage and Hour Decisions

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The Massachusetts Supreme Judicial Court recently issued three decisions with significant implications for employers in the commonwealth, holding that (1) when an employer pays wages to an employee after the deadlines...more

Morgan, Brown & Joy, LLP

SJC Decision Precludes Employees’ Pursuit of Remedies under the Massachusetts Wage Act for Untimely Payment of Overtime Wages Due...

The Massachusetts Supreme Judicial Court (the “SJC”) recently foreclosed on a theory of recovery sought by plaintiffs in non-payment of wages cases: to avail themselves of the Massachusetts Wage Act’s treble damages provision...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

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...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

WilmerHale

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

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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

BakerHostetler

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

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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

Morgan, Brown & Joy, LLP

SJC Holds Employers Liable for Full Amount of Treble Damages When Wages Are Paid Late

On April 4, 2022, the Supreme Judicial Court issued its opinion in Reuter v. City of Methuen, SJC-13121, holding that where an employer fails to pay a terminated employee wages on the “day of discharge” as required by the...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

Epstein Becker & Green

Massachusetts Court Rules on Massachusetts Wage Act’s Treble Damages

Employers take note: the Massachusetts Supreme Judicial Court (“SJC”) ruled this week for an employee seeking treble damages for untimely paid wages under the Massachusetts Wage Act (“Wage Act”), even though the employer had...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

Fisher Phillips

Massachusetts High Court: Employers Are on the Hook for Triple Final Pay Even When Payment is Made Before Claim is Filed

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In yet another gift to plaintiffs’ attorneys, the Massachusetts Supreme Judicial Court just held yesterday that employees are entitled to automatic triple damages for late final wage payments even where the employer pays the...more

Littler

Massachusetts Top Court Issues Key Ruling Impacting Independent Contractors

Littler on

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

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On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the...more

Littler

Massachusetts High Court Adopts Federal Standard for Joint Employer Liability Under State Wage and Hour Law

Littler on

In Jinks v. Credico (USA) LLC (December 13, 2021), the Massachusetts Supreme Judicial Court concluded that the appropriate method for determining whether two companies were “joint employers” for purposes of the Massachusetts...more

Conn Kavanaugh

Employers Beware: M.G.L c. 149, § 52C Right to Rebut Trumps At-Will Employment

Conn Kavanaugh on

Massachusetts law gives employees the right to submit a written statement explaining the employee’s position when the employee disagrees with any information contained in the employee’s personnel record. This written...more

Conn Kavanaugh

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

Conn Kavanaugh on

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

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

Massachusetts Supreme Judicial Court Finds That Commissioned Salespeople Must Be Paid Overtime

On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous opinion holding that salespeople who are paid solely on draws and commissions are entitled to separate and additional overtime and Sunday pay...more

Proskauer - Law and the Workplace

Retail Salespeople Paid on Commission Are Entitled to Overtime and Sunday Pay, Massachusetts SJC Says

On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more

Conn Kavanaugh

Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers

Conn Kavanaugh on

Though confined to the issue of overtime for farm laborers, a recent ruling by the Massachusetts Supreme Judicial Court (“SJC”) serves as a warning to all employers about the pitfalls presented by the disparities between...more

Littler

Massachusetts High Court Finds That Employees Who Are Exempt From Overtime Under Federal Law Are Not Necessarily Exempt Under...

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On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. ...more

White and Williams LLP

Massachusetts Supreme Judicial Court Clarifies Test for Determining Who is an “Employee” for Purposes of Workers' Compensation...

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The Massachusetts Supreme Judicial Court (SJC) held yesterday in Camargo’s Case that a worker’s eligibility for workers' compensation benefits is contingent upon the worker proving that he/she is an “employee” under the...more

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