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 side of the argument.
Managers of a limited liability company (LLC) may be held individually liable under the Massachusetts Wage Act, for unpaid wages due to an employee
Wage act “commands” that employers pay wages regularly and on time and prohibits retaliation for assertion of these rights.Slow paying expense reimbursements gets court scrutiny. Individuals can be personally liable.
Although Wage Act claims may be released retrospectively as part of a settlement agreement, such a release is valid only if it is voluntary and knowing, and, more specifically, absent express language that Wage Act claims are being released, a general release is ineffective to waive them.
Assuming the claimant was working as an employee, [and not as an independent contractor], no contractual arrangement is enforceable if it provides a means for an employer to escape its obligations as an employer, to pay lawful wages under the wage statute.
Class action for janitors who claimed they were employees not independent contractors sent to arbitration.Attempts to erase right to triple damages was unenforceable.
Massachusetts independent contractor statute applies to work performed outside of Massachusetts by non-Massachusetts residents if there is a contract with a Massachusetts corporation.
The important thing for employers to know – Wage Act claims are strictly enforced -as well they should be. Get advice on following the complicated rules if you have questions.
This site was created using WordPress and uses Google Analytics to understand how posts are being received.
• This site has Google Analytics Advertising Features implemented involving Google Analytics cookies.
• Some of the ads you receive on pages across the internet are customized based on predictions about your interests generated from your visits over time and across different web-sites. This type of ad customization — sometimes called “interest-based” or “online behavioral” advertising — is enabled through various technologies, including browser cookies as well as other non-cookie technologies.
• Sliver Lake Legal has no policy or intent to use first and third party cookies together.
• Visitors can opt-out of the Google Analytics Advertising Features, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out).
• Users should also visit Google Analytics’ currently available opt-outs for the web.