Massachusetts

MA: Cleaning Company Cited $335,000 for Wage, Payroll Violations and Worker Misclassification

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WorkersCompensation.com reports that a Massachusetts cleaning company will pay $335,000 for wage law violations including misclassifying workers as independent contractors. WorkersCompensation.com reports: A cleaning and janitorial services company and its president will pay $335,000 in restitution and penalties for misclassifying its workers as independent contractors and for violating the earned sick time law, Attorney General Maura…

Massachusetts Supreme Judicial Court Clarifies Class Action Standards for Wage and Hour Cases

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From Lexology, Stephen T. Melnick reviews a recent case in which the Massachusetts Supreme Judicial court discussed aspects of class action certification for wage and hour claims – claims that would typically be made when there is an allegation that a worker was misclassified as an independent contractor. Stephen writes: The Massachusetts Supreme Judicial Court…

Contractor can’t sue as third-party beneficiary

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From Massachusetts Lawyers Weekly, Kris Olson reports that a contractor cannot sue the client of the party with which the contractor had an agreement. Kim writes: A contractor’s breach of contract claim against the company that created preliminary designs for a project should be dismissed because the contractor was not an intended beneficiary of the…

Foreign manufacturer misclassifies Mass. sales rep as contractor

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From Massachusetts Lawyers Weekly, Eric T. Berkman discusses a recent Massachusetts case in which a sales representative was determined to be an employee under Massachusetts’ ABC test. Eric writes:  A Massachusetts resident who provided outside sales services to a Taiwanese manufacturer was misclassified as an independent contractor and entitled to Wage Act protections, a U.S.…

Lyft drivers bound by ‘clickwrap’ arbitration clause

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From Massachusetts Lawyers Weekly, Pat Murphy  A Massachusetts Lyft driver’s class action alleging that the ride-sharing company violated the Wage Act by classifying him as an independent contractor is subject to a mandatory arbitration clause in the company’s “clickwrap” terms of service agreement, the 1st U.S. Circuit Court of Appeals has ruled in a closely…

Massachusetts Misclassification Claims barred by Statute of Limitations

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  Massachusetts Lawyers Weekly  reports on a misclassification claim that was limited by the statute of limitations because the worker shown have known that he was misclassified as an independent contractor. In this case, the court said: Plaintiff argues, however, that the statute of limitations as to these claims was tolled until he became a Town…

Malden business owners indicted for falsely misclassifying workers, concealing more than $2.8 million in payroll 

  From the Boston Globe, Jackson Cote reports that two owners of a cleaning company have been charged with misclassifying workers. Jackson writes: Two owners of a Malden-based cleaning company have been charged with misclassifying their workers, concealing more than $2.8 million in payroll, Attorney General Maura Healey announced Monday. Marcello Pompa, 40, of Saugus,…

Massachusetts Enacts Law on Noncompete Agreements 

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  From Lexology, David J. Santeusanio and Andrew Silvia provide an excellent overview of the Massachusetts statute governing noncompete agreements. The new law covers noncompete agreements between entieis and their employees AND independent contractors. David and Andrew write: The Act applies to noncompetition agreements signed by employees and independent contractors who work or reside in Massachusetts. The…

Massachusetts Legislature Passes Comprehensive Noncompete Reform 

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    From Lexology, Melissa McDonagh and Kevin Burke report on the recently passed (but not yet signed into law) Massachusetts bill that restricts non-compete agreements and that the restrictions apply to agreements with independent contractors also.  Melissa and Kevin write: New Minimum Requirements for Noncompetition Agreements in Massachusetts As noted above, the Act specifically curtails…

SJC justices urge lawmakers to update independent contractor law 

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  From MassLive, Shira Schoenberg reports that Massachusetts Supreme Court Justices encouraged the legislature to clarify the state’s independent contractor laws.  Shira writes: several of the justices urged the Legislature to update the state’s independent contractor law to alleviate confusion. Chief Justice Ralph Gants, joined by two other justices in a concurring opinion, said the state laws…