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.
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