Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
In a non-precedential ruling, Massachusetts Appeals Court shot down the claim of a subcontractor who, refused to perform disputed work and walked off the job. Acme Abatement Contractor, Inc. V. S&R Corporation, Mass: Appeals Court (2015) FACTS S&R hired Acme Abatement for part of the scope of a job at a plant and its… Read More »Walk off Sub’s Claim Sunk by “Perform First /Dispute Later” Clause
Retaliatory firing deprived worker of commissions that ripened later but legal penalties tripled the entire sum. Massachusetts SJC Parker v EnterNOC, Inc. (2020) FACTS Parker made a base salary and commissions working for EnterNOC marketing energy efficiency services. Parker made a $20M sale to occur over 5 years but only the first year was guaranteed,… Read More »Wages lost as a result of retaliation get tripled
Employees (characterized as independent contractors or not) seem to be enjoying support in the Massachusetts Courts. Sometimes Court rulings reveal trends in social concerns, particularly concerns about perceived unfairness. There have been lots of reported cases in Massachusetts recently involving the law on wages and independent contractors. Here are eight that all support the employee’s… Read More »Wage Claims Proliferating?
Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = DonisEmployer = AWS LLC Public Entities = TownsState Department of Labor = Determine prevailing wage rates Facts Cape Cod towns put material hauling work contracts out for public bid. Bidders knew they would have to pay ‘prevailing wage’. The Department of Labor… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose v Highway Equipment Company 86 Mass App Ct 204 (2014) WORKER INJURED MAINTAINING WORK EQUIPMENT Rose, a worker injured while performing maintenance on heavy machinery, sued the manufacturer of the… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
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