Employers beware – new wage act triples damages awarded to employees
On April 15, 2008, the Massachusetts Legislature passed a bill that makes Massachusetts the first state in the country to impose automatic treble damages against any business that violates wage and hour laws. Previously, under federal and state law, treble damages were only available in cases in which a court concluded that an employer willfully and intentionally committed wage and hour violation.
The new wage act provision strikes this relevant case law and provides that a violation of any wage and hour law will result in treble damages. What this means is that if an employer fails to pay $1,000.00 to an employee, that employee is automatically due $3,000.00 under the act.
It is advisable that you check immediately with your attorney to ensure that your wage and hour policies, rules and regulations comply with the Fair Labors Standards Act and Massachusetts Law.
By: Kevin V. Maltby, Esquire
Over the past several years, wage and hour lawsuits filed under the Federal Fair Labor Standards Act as well as the State Wage and Hour Law have dramatically increased. The trends from the court indicate that there is no relief in sight for the growing number of lawsuits filed under either these laws. Employers would be wise to consider the consequences and should consult with a legal professional to review pay, record keeping, time keeping and docking practices.
Generally, two forms of sexual harassment exist: “quid pro quo” sexual harassment and “hostile work environment sexual harassment.”
Occasionally an employee will accuse a coworker or supervisor of improper conduct such as sexual harassment. These situations are difficult to deal with on several levels. To start, an employer must conduct a proper investigation of the allegations before deciding to terminate the accused employee. If the company fails to do this, it may be liable to the employee for damages.
In some situations, an employer is required to garnish a portion of an employee’s wages for payment to a creditor. However, in doing so the employer must be careful to comply with statutory provisions dictating how the process must be carried out.