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Category Archives: MA Wage and Salary

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Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test

By The Jacobs Law, LLC |

Want to know if you have been misclassifying your workers as independent contractors rather than as employees?  Better yet, want to know if you have been misclassified by your employer? Today’s blog will discuss the legal standard in Massachusetts to determine whether a worker is an independent contractor or an employee under the law. Employers… Read More »

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liability for third party harassment

Uber’s Legal Issues Are Not Unique

By The Jacobs Law, LLC |

…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could be. In many ways, Uber is a model of business success.  However, in the last few years Uber has been subject to class action wage and salary lawsuits (unpaid overtime, misclassification of workers) in… Read More »

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Independent Contractor Statute

MA Superior Court Wage Act Decision – Turning Precedent on its Head?

By The Jacobs Law, LLC |

A Massachusetts Superior Court recently ruled that a car dealership that paid employee-mechanics an hourly rate while working on customer vehicles, but did not compensate them for time spent on related tasks, such as cleaning their workspace, maintaining tools, dealing with customers and coworkers or completing paperwork, did not violate the Massachusetts Wage Act. It is… Read More »

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unpaid overtime claims

Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

By The Jacobs Law, LLC |

Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining the forum for wage act cases. The 1st Circuit Court of Appeals recently concluded in Cossart v. United Excel Corporation, et al., that a federal court in Massachusetts could exercise personal jurisdiction over a Kansas… Read More »

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Independent Contractor Statute

Massachusetts Sick Time Complaints Have Begun to Roll In

By The Jacobs Law, LLC |

The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months ago on July 1, 2015. As predicted, the latest wave of ‘wage and salary’ type complaints and lawsuits in Massachusetts are trickling in to my plaintiff-lawyer colleagues. Do not underestimate the consequences of failing to… Read More »

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Insurance Agents Were the Latest Target of Worker Misclassification Cases

By The Jacobs Law, LLC |

A series of recent Massachusetts court rulings addressing the classification of workers as employees or independent contractors have involved real estate agents, truck drivers and taxi cab drivers. Employers can now add insurance agents to the list of workers who have undergone court scrutiny for classification as employees or independent contractors. As many of you who follow the… Read More »

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Independent Contractor Statute

Employers: Pay Often and Pay Early!

By The Jacobs Law, LLC |

The Jacobs Law has spent a considerable amount of time on this bLAWg writing about the Massachusetts Wage Act, and the consequences it imposes on employers f0r misclassifying ’employees’ as ‘independent contractors’, failing to pay overtime or wages, or failing to pay wages to employees immediately upon termination. A recent case tested the limits of… Read More »

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Massachusetts General Laws Chapter 149 Section 150

By The Jacobs Law, LLC |

Section 150. The attorney general may make complaint or seek indictment against any person for a violation of section 148. On the trial no defence for failure to pay as required, other than the attachment of such wages by trustee process or a valid assignment thereof or a valid set-off against the same, or… Read More »

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CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

By The Jacobs Law, LLC |

The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was instead an employee. While the decision only involves the claims of one former driver of the ride-sharing startup, it could have a rippling affect through not only Uber and its on-demand ride competitor Lyft,… Read More »

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Boston Businesses & Beyond, Beware – Overtime Laws Are Changing Again!

By The Jacobs Law, LLC |

Boston-based businesses and beyond should be aware, be very aware – the federal government is changing overtime laws again! Revisions to what is titled the Federal Labor Standards Act (or FLSA) are expected to take effect by the end of next year. For small and mid-sized employers today, that may mean rethinking that new… Read More »

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