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Mass Wage Act Retaliation
Where a former employee sued for an unpaid commission, the case on the commission was dismissed, but the claim of being fired in retaliation for making a claim was allowed to continue. WHY THIS IS IMPORTANT… The wage act, like most worker protection laws, penalizes retaliation against workers for seeking protection under the law. The company argued that because the wage act claim was dismissed, the related retaliation claim should be dismissed as well. The court denied the

Paul Peter Nicolai
Sep 151 min read
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Profit-Sharing Agreement Not Covered By Payment Of Wages Act
A former employee claimed that failing to pay amounts owed under a profit-sharing agreement violated the Massachusetts payment of wages law. The court dismissed the claim.

Paul Peter Nicolai
Mar 171 min read
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Mass Non-Compete Law Does Not Apply to Non-Solicitation Agreement
Forfeiting benefits for violating the no-solicitation agreement does not violate the statute that prohibits forfeiture of non-competition payments.

Paul Peter Nicolai
Feb 241 min read
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Out-of-State Employee Can Sue Under Mass Law
A Rhode Island resident employed by a Massachusetts company sued under the Massachusetts Wage Act. The court refused to dismiss the case.

Paul Peter Nicolai
Feb 101 min read
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Employee Travel Between Job Sites Is Paid Work
DOL has consistently argued that travel between workplaces is compensable time, meaning it must be paid for and counts toward the total hours worked to determine whether overtime pay is required. The Supreme Court has agreed.

Paul Peter Nicolai
Jan 271 min read
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Individual Liability Under Wage Act
A former employee sued an officer of her defunct employer for non-payment of wages. The court dismissed the case.

Paul Peter Nicolai
Nov 25, 20251 min read
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Preparing for Massachusetts' Pay Transparency Law
Preparing for Massachusetts' Pay Transparency Law

Paul Peter Nicolai
Oct 28, 20253 min read
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Commissions-Based Compensation Violated Overtime and Sunday Pay Laws
Commissions-Based Compensation Violated Overtime and Sunday Pay Laws

Paul Peter Nicolai
Jun 25, 20241 min read
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Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...

Paul Peter Nicolai
May 10, 20221 min read
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