Category Archives: Wage/Hour

Limiting Exposure Under the New DOL Overtime Rule

by John S. Gannon A few weeks ago, I had the pleasure of speaking at a fantastic Lunch & Learn event hosted by the Chicopee Chamber of Commerce.  Along with Jenny MacKay from The Gaudreau Group, we discussed compensation and … Continue reading

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Massachusetts House Passes Gender Pay Equity Bill

by Susan G. Fentin On July 14, the Massachusetts House passed a bill that would prohibit employers from paying a woman less than a man if the two workers had comparable jobs.  This bill (H. 4509) will now go to … Continue reading

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DOL Overtime Rule: Compensation Options to Consider

by John S. Gannon As followers of The Law @ Work are surely aware, last month the U.S. Department of Labor (DOL) released its final overtime rule for “white collar” workers.  DOL estimates the final rule will result in an … Continue reading

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Employee’s Agreement to Arbitrate and Waiver of Class Claims Upheld Once Again

by Marylou V. Fabbo The cost of wage violations can add up quickly in Massachusetts.  Class action lawsuits for wage and hour violations continue to be on the rise. With mandatory triple damages and an award of attorneys’ fees to … Continue reading

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Employee Paid “Under the Table” Has Viable Wrongful Discharge Claim

by Marylou Fabbo Massachusetts recognizes a cause of action for employees who are terminated from employment in violation of a recognized public policy.  Employers are prohibited from terminating an employee for asserting a legally guaranteed right, refusing to do what … Continue reading

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DOL Releases Final Overtime Rule

by John S. Gannon The verdict is in.  Last night, the U.S. Department of Labor (DOL) issued its heavily anticipated Final Rule regarding overtime exempt status for “white collar” workers.  The Final Rule will raise the minimum annual salary threshold … Continue reading

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DOL Sends Overtime Rule to Final Review Stage

by John S. Gannon Employers have anxiously (and nervously) been anticipating the Department of Labor’s release of its final “white collar” overtime exemption rule.  Many observers expected a release in or around July 2016.  Recently, the Labor Department sent its … Continue reading

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Fluctuating Commissions Don’t Render Fluctuating Workweek Method Illegal

by Marylou V. Fabbo A federal appeals court in Massachusetts recently gave a store manager a healthy dose of reality when it held that GNC’s compensation structure, which included a fixed salary, commissions and an overtime premium, complied with the … Continue reading

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EEOC and Massachusetts Senate Informally dub January “Equal Pay” Month

by Stefanie Renaud On January 29, 2016, in conjunction with the seven-year anniversary of the Lilly Ledbetter Equal Pay Act, the Equal Employment Opportunity Commission (“EEOC”) has proposed a revision to the Employer Information Report (“EEO-1”) that will require employers … Continue reading

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Treble Damages for Violations of the Massachusetts Wage Act Could Be Limited in Certain Circumstances

by Amelia J. Holstrom When a Massachusetts employer discharges an employee, Massachusetts law requires the employer to pay the discharged employee all outstanding wages, which includes accrued, unused vacation time, on the employee’s final day of work.  If an employee voluntarily resigns … Continue reading

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