Douglas Hoffman at Jackson Lewis P.C.

Massachusetts Employers: Do Your Job Applications Contain the Mandatory Notice About Lie Detector Use in Employment?

Massachusetts law, G.L. c. 149, § 19B, makes it unlawful for an employer to require or administer a lie detector test as a condition of employment or continued employment. In addition, the statute requires that all job...more

5/12/2025 / Employee Rights , Employer Responsibilities , Employment Policies , Hiring & Firing , Job Applicants , Notice Requirements , Penalties , Polygraph Tests , State Labor Laws

State Law Remedies Not Available for Violations of FLSA, Massachusetts High Court Holds

Employees who assert wage claims available only under the federal Fair Labor Standards Act (FLSA) cannot recover the greater remedies available under the Massachusetts Wage Act (MWA), the Massachusetts Supreme Judicial Court...more

4/18/2022 / Fair Labor Standards Act (FLSA) , Lost Wages , Minimum Wage , Over-Time , Treble Damages , Wage and Hour

Late Pay Entitles Employees to Triple Wages Regardless of When Paid, Massachusetts High Court Holds

When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or...more

4/13/2022 / Employer Liability Issues , Hiring & Firing , Lost Wages , Treble Damages , Unpaid Wages , Wage and Hour , Wages

Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees

Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay...more

4/5/2022 / Employer Liability Issues , Fair Labor Standards Act (FLSA) , Minimum Wage , Tip Credit , Tipped Employees , Uniforms , Wage and Hour

Service Charge Or Administrative Fee? A Distinction With A Difference, The Supreme Judicial Court Of Massachusetts Holds

Although it may have intended for a customer charge to be treated as an administrative overhead fee separate from gratuities paid to its employees, a country club’s reference to the amount as a “service charge” in some...more

9/9/2021 / Employer Liability Issues , Hospitality Industry , MA Supreme Judicial Court , Service Charges , Tipped Employees , Tips , Wage and Hour

Lack Of Alignment Between Employer’s Payroll Workweek And FLSA “Workweek” Results In Overtime Liability, First Circuit Holds

Although the Fair Labor Standards Act (FLSA) includes an overtime exception for employees who reside on the work premises for an “extended” period of time – at least 120 hours in a “workweek” – that exception is inapplicable...more

7/1/2019 / Corporate Counsel , Department of Labor (DOL) , Employer Liability Issues , Fair Labor Standards Act (FLSA) , Wage and Hour

“Catalyst” Test Applicable To Awarding Attorney’s Fees For State Wage And Hour Claims, Massachusetts Supreme Judicial Court Holds

Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held...more

3/13/2019 / Attorney's Fees , Employer Liability Issues , Fee-Shifting , Litigation Fees & Costs , MA Supreme Judicial Court , Prevailing Party , Settlement , Wage Act , Wage and Hour

Massachusetts Raises Minimum Wage, Mandates Paid Family And Medical Leave

Massachusetts Governor Charlie Baker has signed a sweeping bill that, over a period of five years, will: (1) raise the minimum wage to $15 per hour; (2) mandate paid family and medical leave for Massachusetts employees; and...more

7/1/2018 / Employer Liability Issues , Governor Baker , Medical Leave , Minimum Wage , Paid Leave , State Labor Laws , Wage and Hour

Labor Department Announces Final Rule Amending Overtime Regulations for ‘White Collar’ Workers

The U.S. Department of Labor has released its long-awaited Final Rule updating regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly...more

5/18/2016 / Department of Labor (DOL) , Fair Labor Standards Act (FLSA) , Minimum Salary , Wage and Hour , White-Collar Exemptions

Douglas Hoffman

Jackson Lewis P.C.

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