The Massachusetts Wage and Hours Handbook brings together an outstanding set of materials dealing with wage and hours law. Included are experts from both the employer and the employee sides of the bar, addressing a broad range of issues on payment of wages, overtime, leave statutes and policies, interactions with disability law, rights of hourly immigrant workers, and independent contractor status. The Massachusetts Wage and Hours Handbook guides practitioners through this challenging and critically important area of employment law.
This latest version brings updated resources within your immediate reach - for fast, accurate, and practical answers to your questions.
This latest version brings updated resources within your immediate reach - for fast, accurate, and practical answers to your questions.
Highlights from the many issues addressed in this edition include
- an employer's liability for treble damages despite paying the employees' overdue wages prior to their filing of a lawsuit;
- case law on the application of the independent contractor statute to persons providing services through an intermediary staffing agency;
- application of the independent contractor statute to the relationship between a franchisor and its franchisee;
- the standards applicable to claims of retaliation under the Domestic Violence and Abuse Leave Act;
- a U.S. Supreme Court decision upholding the standards applied by the Department of Labor in determining whether 'highly compensated employees' (HCEs) are exempt from minimum wage and overtime laws;
- disallowance of a state law claim for treble damages brought by employees who had already sought relief under a federal statute, the Fair Labor Standards Act;
- updates on the Department of Labor's activities regarding independent contractor classification, joint employer status, and exemptions for white-collar employees;
- an Appeals Court decision affirming the independent contractor status of home inspectors who, among other considerations, used their own equipment, vehicles, and assistants; contacted clients directly; and established their own schedules and workload;
- a decision by the U.S. Court of Appeals for the First Circuit analyzing the choice-of-law considerations involved in applying the Massachusetts Wage Act to an out-of-state financial planner; and
- recent developments in state and federal leave laws and the relationships between them.
Table of Contents
Chapter 01 - Massachusetts Payment of Wages Law - G.L. c. 149, §§ 148-150Philip J. Gordon, Esq.,
Gordon Law Group LLP
Kristen M. Hurley, Esq.,
Gordon Law Group LLP
Elizabeth A. Rodgers, Esq.,
Gordon Law Group LLP
Exhibit 1A - G.L. c. 149, § 148: Covered Employers and Employees
Exhibit 1B - 2008 Massachusetts Attorney General Advisory on Independent Contractor Law
Exhibit 1C - Awuah v. Coverall North America, Inc., Order of Certification
Exhibit 1D - Wage Payment Due Dates Under G.L. c. 149, § 148
Chapter 02 - Federal and State Overtime Laws
Desiree Y. Murphy, Esq.,
CVS Health
Alan Jay Rom, Esq.,
Rom Law PC
Checklist 2.1 - Plaintiff’s Checklist Regarding Overtime Issues
Chapter 03 - The Massachusetts Independent Contractor Law
Michelle M. De Oliveira, Esq.,
Kenney & Sams, PC
Michael P. Sams, Esq.,
Kenney & Sams, PC
Chapter 04 - The Family and Medical Leave Act
Nina J. Kimball, Esq.,
Kimball Brousseau LLP
Joshua D. Nadreau, Esq.,
Fisher & Phillips LLP
Katherine Reynolds,
Fisher & Phillips LLP
Chapter 05 - The Small Necessities Leave Act
Kimberly Y. Jones, Esq.,
Athena Legal Strategies Group
Exhibit 5A - Small Necessities Leave Act: Attorney General’s Advisory 98/1
Exhibit 5B - Small Necessities Leave Act Questions and Answers
Exhibit 5C - Small Necessities Leave Act Snapshot and Checklist
Chapter 06 - Interrelationships Among Federal and Massachusetts Leave Laws
Sally L. Adams, Esq.,
Law Office of Sally L. Adams
Monica Snyder Perl,
Fisher & Phillips LLP
Appendix
Additional Resources for Wage and Hours Law
Appendix A - Selected Massachusetts Laws Pertaining to Wage and Hour Issues
Appendix B - State Minimum Wage Rates
Appendix C - Department of Labor Employment Law Guide: Wages and Hours Worked, Minimum Wage and Overtime Pay
Appendix D - Questions and Answers About the FLSA
Appendix E - Questions and Answers About the Minimum Wage
Authors
Author(s)Sally L. Adams, Esq.
Law Office of Sally L. Adams, Boston
Michelle M. De Oliveira, Esq.
Kenney & Sams, PC, Southborough
Philip J. Gordon, Esq.
Gordon Law Group LLP, Boston
Kristen M. Hurley, Esq.
Gordon Law Group LLP, Boston
Kimberly Y. Jones, Esq.
Athena Legal Strategies Group, Boston
Nina J. Kimball, Esq.
Kimball Brousseau LLP, Boston
Desiree Y. Murphy, Esq.
CVS Health, Woonsocket
Joshua D. Nadreau, Esq.
Fisher & Phillips LLP, Boston
Katherine Reynolds
Fisher & Phillips LLP, Boston
Elizabeth A. Rodgers, Esq.
Gordon Law Group LLP, Boston
Alan Jay Rom, Esq.
Rom Law PC, Chelmsford
Michael P. Sams, Esq.
Kenney & Sams, PC, Southborough
Monica Snyder Perl, Esq.
Fisher & Phillips LLP, Boston
