Workers' compensation provides payments, as needed, for lost wages, and lifetime medical care for a work-related injury or illness. But, you and your employer or its workers' compensation insurance provider can agree to permanently close your claim in exchange for one...
How Disgruntled Employees Can Affect a Small Business in Massachusetts
Employment is a hallmark of adulthood. In fact, over 3.3 billion adults around the world are employed. That's almost half of the global population. Since employment is so important for our livelihood, we should enjoy it. Unfortunately, this is not the case for many of...
Discrimination (gender) in Massachusetts
Across the county, women earn on average 79 cents for every dollar that men earn in comparable positions. Massachusetts is not much better, where statewide women earn only 83 cents for every dollar men earn in comparable positions. What's worse, across the top 25...
Paid Family and Medical Leave in Massachusetts
Over the past few years, numerous states have passed laws providing for paid family and medical leave. Because the federal Family and Medical Leave Act (FMLA) provides for only unpaid leave, states like Massachusetts are stepping up to provide paid leave benefits that...
The 10 Most Common Wage and Hour Issues for Employees in Massachusetts
Wage and hour issues in Massachusetts are governed by the rules and regulations set forth by state law and the federal Fair Labor Standards Act (FLSA). The FLSA governs employment issues related to minimum wage, overtime pay, recordkeeping, and youth employment for...
Disability Discrimination Claims Under Federal and Massachusetts Laws
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, December 14, 2016.The Americans with Disabilities Act (ADA) generally prohibits employment discrimination against qualified individuals on the basis of disability. A qualified individual...
District of Massachusetts Transfers Employees’ Case to District of Maryland Despite Wage Act Claims
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, November 21, 2016.Both state and federal wage and hour laws protect employees' rights to receive payment of the wages due to them in a timely manner. In some cases, the court must determine...
Massachusetts Supreme Judicial Court Upholds FMLA Retaliation Verdict
On behalf of Law Offices of Richard Mucci posted in Employment Law on Friday, September 16, 2016.Eligible employees may take unpaid leave for up to twelve weeks during a twelve-month period for "a serious health condition" that prevents the employee from performing...
Massachusetts Employee Prevails in Retroactive For-Cause Termination Case
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, August 24, 2016. The termination of an employee is always complicated, but it is even more complex when the employee has a high level position and an employment contract. When the...
Massachusetts Employment Retaliation Claims Can Mean Treble Damages
On behalf of Law Offices of Richard Mucci posted in Employment Law on Tuesday, June 7, 2016.Employee claims, whether based on allegations of wage and hour laws or discrimination, can sour a workplace. Nevertheless, retaliation against an employee who has made a...
Damages for Retaliation under the Massachusetts Wage Act
On behalf of Law Offices of Richard Mucci posted in Employment Law on Thursday, March 31, 2016.The Massachusetts Wage Act protects employees' right to receive timely payment of their wages. The law requires that employers generally must pay employees weekly or...
Massachusetts Telecommuters and Jurisdiction Over Out-of-State Employers
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, March 9, 2016. Many employees now telecommute or work from home for businesses that may be down the street or across the country. When disputes arise in employment arrangements in...
Age Discrimination under Massachusetts and Federal Law
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, September 28, 2015.Employees are protected from age discrimination by both Massachusetts law and the federal Age Discrimination in Employment Act. The First Circuit recently decided a case...
Massachusetts Independent Contractor Statute Doesn’t Apply to Real Estate Salespersons
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, July 27, 2015.It is often financially advantageous for a company to classify individuals as independent contractors rather than employees, but the individuals lose the benefits and...
Policies against Tipping Allowed under Massachusetts Tips Act
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, April 29, 2015.The Tips Act protects certain Massachusetts service employees from having to turn over their tips to their employers, but what happens to the money left by customers in...
Employers Beware: When A Lateral Transfer of an Employee Constitutes An Adverse Employment Action
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 5, 2014. A Massachusetts Court recently decided that a lateral transfer of an employee could be considered an "adverse employment action" for the purposes of a retaliation claim...
Are You Personally Liable for Contracts You Sign For Your Employer?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, February 28, 2014. Can an employee be held personally liable for executing a contract on behalf of his or her employer if the employer fails to pay? Recently, the Massachusetts...
Enforcement of Non-Compete Agreements When Damages Are Incalculable
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, February 17, 2014. Recently, the Appeals Court of Massachusetts had to decide whether a preliminary injunction blocking a Defendant from accepting a new position with a competitor was...
Strict Prevailing Wage Laws Can Equal Costly Mistakes
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, January 2, 2014. Recently, the Supreme Judicial Court affirmed that the Massachusetts prevailing wage statute is a strict liability statute and mistake or clerical error is no...
Massachusetts Overtime Law: Get Your Claim Filed
Are you working over forty hours a week and cashing your paycheck each week wondering if you have a claim against your employer for a violation of the overtime laws? Based on a ruling by the United States District Court for the District of Massachusetts in Firth v. TD...