Under Massachusetts law, employees are entitled to their commission if at the time of the termination, the commission is calculable and all of the requirements to close the sale have been completed. A commission plan that states the employee must be employed when the commission is paid may not be enforceable and cannot be relied [...]
Many salespeople are paid by commission only and are not paid overtime or any other wages. This is only permitted if the salesperson qualifies under an FLSA exemption. There are several exemptions from the FLSA such as executive, administrative, outside sales person and highly compensated employee in which an employer does not have to comply [...]
The Department of Labor released the final rule updating the overtime regulations which revises the salary test for the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”). Summary of Final Rule Raises the salary threshold for the executive, professional and administrative exemptions from $455 per week to $913 a week ($47,476 for a [...]
Out of State Employers are required to adhere to Massachusetts employment laws if employees work and reside in Massachusetts. Out of state employers should therefore be aware of many of the laws specific to Massachusetts including a few noted below: Massachusetts Wage Act – failure to properly pay timely wages including overtime provides for automatic [...]
Is your non-compete enforceable? Just because have a non-compete it does not mean it is enforceable. Under the current state of the law, Massachusetts permits the use of non-compete agreements. However, public policy favors the right of an employee to move from job to job unencumbered by restrictions. The Courts carefully scrutinize postemployment restraints to [...]
Under Massachusetts law, employers are obligated to allow workers a 30-minute unpaid meal break after every six hours worked. Employees must be relieved of all duties and allowed to leave the work site during the meal break. An employee who is required to perform work the meal break must be paid for the time worked. [...]
The start of a new year is always a good time to review your company policies and ensure that you are in compliance with workplace regulations and requirements. Heading into 2016 employers and employees should be aware of the following: Minimum wage in Massachusetts increases to $10.00 per hour Employers are required to annually provide [...]
Many new young companies seek to compensate their employees with ownership interest in the company. This can be a great thing for both the company and the employer. Giving employees an incentive to help the company grow is a win-win for everyone. But what happens when a company wants to compensate an employee only in [...]
When an employee reports discrimination, harassment, wage violations, of unsafe working conditions to their employer, they expect to do so without fear of retaliation or retribution. Unfortunately that is not always the case. Some managers cross the bounds of appropriate conduct and engage in harassment and/or adversely affect an employee’s employment status such as denying [...]
Many hourly employees feel a loyalty to their employer to do a good job and in some cases, employees are afraid or instructed not to clock all of their hours. If you are an hourly employee you are entitled to be paid for all of your time worked. This includes: working through a lunch break; [...]