Monthly Archives: June 2017
Recent Massachusetts Wage Act Decision
Wage Act Violations: Even More Expensive After Supreme Judicial Court Rules That Prejudgment Interest Can be Awarded in Addition to Triple Damages and Attorneys Fees
Although many Employment Practices Liability Insurance (EPLI) Policies do not cover wage claims, the number of wage claims under state and federal wage-hour laws, including class actions, have rapidly risen over the past several years. Recently, on a question referred from the federal court to the Massachusetts Supreme Judicial Court (SJC), the SJC made state wage act violations even more expensive for employers. On June 26, 2017, the SJC held that, in addition to mandatory triple damages, prejudgment interest must be added to the amount of lost wages and other benefits awarded under the Massachusetts Wage Act. (George v. National Water Main Cleaning Co., No. SJC-12191 (MA, June 26, 2017)). The Court clarified, however, that such prejudgment interest shall not be added to the treble damages part of the award.
In Ferman, SJC held plaintiffs may recover attorneys’ fees under the Wage Act in private settlements if, under catalyst test, lawsuit was the necessary and important factor causing defendant to provide material portion of the relief demanded. https://t.co/VfDxBqYlOt
In Hahnfeldt v. Newman, MA Appellate Court follows Mui v. Massachusetts Port Auth., 478 Mass. 710 (2018), holding that unused sick leave isn’t a ‘wage’ under the Wage Act, even if an employer has a policy of compensating departing employees for it. https://t.co/n1216JHktv
Draft regulations have been released for MA Paid Family & Medical Leave Act. The Department of Family and Medical Leave will hold several listening sessions in February for public input. Expect Final Regulations by March 31. https://t.co/0aGO2xZLk2