On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more
MASSACHUSETTS SUPREME JUDICIAL COURT RULING – GOOD NEWS FOR EMPLOYERS - It has been a busy Spring for the Massachusetts Supreme Judicial Court (SJC). On April 14, 2022, on the heels of Reuter v. City of Methuen (see our...more
The Massachusetts Supreme Judicial Court recently issued three decisions with significant implications for employers in the commonwealth, holding that (1) when an employer pays wages to an employee after the deadlines...more
The Massachusetts Supreme Judicial Court (the “SJC”) recently foreclosed on a theory of recovery sought by plaintiffs in non-payment of wages cases: to avail themselves of the Massachusetts Wage Act’s treble damages provision...more
On April 14, 2022, the SJC held that where employees’ sole claims for overtime wages rest on the employer’s liability under the FLSA, employees are limited to the remedies provided under the FLSA, and may not receive treble...more
Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more
Dear Retail Clients and Friends, A recent decision from the Massachusetts Supreme Judicial Court may require retail employers to reevaluate their pay practices for nonexempt employees who earn commissions. This edition of...more
In early May, the Massachusetts Supreme Judicial Court held that 100% commission-based inside salespersons are entitled to separate, additional overtime pay and premium pay for Sunday work. The decision, Sullivan v. Sleepy’s...more
On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a unanimous opinion holding that salespeople who are paid solely on draws and commissions are entitled to separate and additional overtime and Sunday pay...more
On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more
On May 8, 2019, the Massachusetts Supreme Judicial Court (the “SJC”) issued an important decision concerning the interpretation of the Massachusetts Wage Act, and related regulations. The decision issued by the SJC, titled...more
Though confined to the issue of overtime for farm laborers, a recent ruling by the Massachusetts Supreme Judicial Court (“SJC”) serves as a warning to all employers about the pitfalls presented by the disparities between...more
On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. ...more