Massachusetts has a very strict independent contractor statute which makes it very difficult for businesses to hire independent contractors. There are a number of reasons why the Massachusetts legislators enacted this law including the following: Misclassification hurts the individual employee by denying them protections provided to other individuals classified as employees including workers compensation, company [...]
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 [...]
Massachusetts has one of the most employee-friendly independent contractor laws in the country. The Massachusetts law makes it very difficult to establish independent contractor status. Violations of this law result in significant damages including treble damages and attorney’s fees. Contractions/Employees: If you are improperly classified as an independent contractor (ie.. paid on a 1099 form) [...]