I am a food delivery driver in Massachusetts, we get paid tips and commission ($4) per order delivered and no hourly wage, i make more than $9 an hour (tips and commission combined). The law regarding tipped positions in MA states: As of Januar...
Potentially. There are a lot of issues here including: are you paid as an employee (taxes are withheld from your pay)? Do you use your own vehicle? Are you reiumbursed for driving expenses? Are you required to share your tips? Do you work more than 40-hours per week?
I suggest you review the pay practices with an attorney to determine whether or not you have a claim - most, like my office will review for free and suggest some options.See question
We block time off if we're not busy when it's slow, but we still always stay "available" to work on our scheduled day. This can't be legal. And if she does charge us for blocking time off, we (us LMT's) should get $ compensated from the spa owne...
You are an employee, regardless of what the massage business owner decides to call you. The significance is, you're entied to all the protections afforded to employees - overtime pay and a reimbursement of these "fees" and minimum wage for every hour worked.
The owner's failure to classify you properly may entitle you to three times your owed wages - most firms, like mine, will give you a free consultation to review the situation and give you options for a remedy.See question
Is there a particular law in Massachusetts or a case where a Judge ruled that a company must give at least a 30 minute lunch break to employees who work 8 hours a day or more? My company says that I am too busy and can just eat while I work. How...
If you are required to work during your lunch break, then you are required to be paid for that time, because it is compensable working time. If that time is in excess of forty (40) in any given week, then you should be paid at an overtime rate for that time unless there is an applicable exception.
If there is a violation of the wage and hour laws, you're entitled to three times the owed wages, and you can theoretically look backward in time for three years.
I suggest you contact an employment attorney; most will give you a free initial consultation to evaluate the situation.See question
Currently I am working 46 hours a week, 6 days a week. My employer is telling me I have to attend after hours activities to generate more business. Am I legally obligated to work the additional overtime?
It depends; generally speaking, there isn't anything preventing an employer from requiring employees to work overtime as part of their job duties. If employers require overtime hours, barring some other exemption, you must be paid at a rate of 1.5 times your regular rate for all overtime hours.
If you are not being paid properly, you may be entitled to three times any owed wages. I suggest you contact an employment attorney to review the details - most, like my office, will give you a free initial consultation to see if there is anything that can be done.See question
SO WHY ARE WE NOT PAYED FOR HOUR WORKED, IF WE ARE REQUIRED TO BE A A PLACE OF BUSENESS FOR SO MANY HOURS A DAY, AND HAVE TO WERE COMPANY NAME LOGO, IF WE ARE NOT 1099 PAYMENT. HAVE TO BE AT BUSINESS 10 HRS A DAY, I DONT SEE WHAT IS DIFFERENT THE...
In general, if you are paid on an hour-by-hour basis, you must be paid at that hourly rate for every hour that you work. The company's failure to do so may be a violation of the Wage Act, which would entitle you to three times any owed wages looking backward three years.
However, there is nothing preventing a company from paying you a commission-based pay structure, as long as you ultimately receive minimum wage ($9.00/hr) for every hour you work.
You should have an attorney review the details of your pay structure. Most will do this for free and evaluate whether or not you have a claim.See question
Returned to my job after traveling for six months. Rehired July 2015. When driving an hour and a half to work a week ago ( August 11) place was shut down. No notice at all, the other two bartenders and myself are still owed paychecks and were not ...
The failure of the company to pay your earned wages properly exposes the individual owners, personally, to liability. So, even if the business is closed, you still have a claim against the individual owners. Call an employment litigator today. Most, like my office, will pursue this claim on a contingency percentage on behalf of all the former workers.
You're entitled to three times the amount, which gives your attorney tremendous leverage to try and resolve.See question
I work in Massachusetts. I work 32 hours on the weekends in which they pay me $15.09 to make up the 40 hours. They require us to pick up 4 hours of overtime a week. Now, when I work those ot hours and any others days i might pick up, they pay me a...
These complex pay structures can become just that, complex. In general, you must be paid at an overtime rate for all hours over 40. However, there are exceptions that apply. If an employer violates the wage and hour laws you may be entitled to three times your owed waged. Thus, I suggest you contact an attorney without delay to have that firm review the pay structure and ensure you are being compensated properly.See question
i get a "draw" of 2000/wk plus commission on my dept totals less the amount of my draw per month. my monthly bonus was 50% of what it should have been. Can they legally do that? Am I entitled to my full bonus because of the surgery?
If the commission is "due and payable," then those monies are wages - the failure of your employer to pay them entitles you to three times that amount as a penalty.
Whether the commission is actually due probably hinges on the terms of whatever contract you signed.
Most attorneys, like my office, will give you a free evaluation of a situation like this. You can pursue the triple damages and remain at your job.See question
I have a 10% bonus eligibility written into my contract. CFO indicated due to previous fiscal year performance "everybody will be receiving 75% of their bonus". Our fiscal year ended ~ 45 days ago and no visibility into the exact date bonuses will...
I agree with attorney Hammarlund. If what you call a "bonus" is actually an earned commission, then your employer's failure to pay it is a failure to pay earned wages. Under this scenario, you are entitled to three times the commission plus attorneys fees. I suggest you call an employment litigator to discuss in detail. Most, like my office will evaluate your situation for free and give you some options.See question
It looks like based on the employment agreement we had, they have a clause saying they reserve the right to terminate all further payments. Is this legal? can they withhold my last paycheck?
No. You must be furnished with all owed wages at the end of your employment; terms of any agreement that attempt to change that scenario are unenforceable. If an employer refuses to give you those earned wages, you are entitled to three times the amount.
I suggest you call an employment litigator as soon as possible - there may be other issues as well. Most, like my office, will speak with you for free and may take your case on a contingency based fee.See question