State and federal wage and hour laws are active areas of
litigation in the field of employment law. These laws are strictly enforced and
dictate how wages must be paid to both current and former employees.
An employer’s exposure for a violation of wage and hour laws may trigger
mandatory treble damages and employer liability for attorneys’ fees and costs.
Given the gravity of noncompliance, any practitioner who advises businesses
should understand what the law requires. Similarly, practitioners advising
employees should be able to inform employees of the full scope of their rights.
Recent court decisions have developed the Massachusetts Wage Act in a few key
areas, including the wage rights of employees who earn some or all of their
compensation through commissions, and independent contractor misclassification.
Courts have also addressed what form of compensation is a “wage” under the
Massachusetts Wage Act and assessed when and which damages are trebled.
This program will examine the interplay between federal and state wage and
hour laws, as well as recent developments under the Massachusetts Wage Act, with
a focus on:
- Overview: Fair Labor Standards Act and Massachusetts
- What is a wage?
- Commissions vs. bonuses
- Treble damages -- when are they triggered and to what
do they apply?
- Independent contractor issues
- Joint employer issues
- Attorney General’s Office's enforcement priorities and
- When the Attorney General’s Office pursues civil vs. criminal
This webinar will be hosted using Zoom.
Registration is required by 10 a.m. on Monday, July 27, to participate
in this program. After you register with the MBA, please look for an
email from MassBar Education
with the Webinar ID and
Password. The email will be sent after 10 a.m. on July 27.