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The following is a list of some general examples of issues that arise in employment law concerning wages in which Attorney Feener may be able to help assist you.

1. Your employer attempts to classify you as an “Independent Contractor”

What constitutes an employee is often based on whether you have performed the same type of work as the employer’s business and have performed this work solely for the employer. If you meet this criteria, you may be considered an employee and will be owed unpaid wages by the employer for your work and services.

Under Massachusetts law, there is a presumption that you are an employee. An employee’s rights in terms of treatment and payment are considered greater when the employee is characterized as an “employee” versus an “independent contractor.” If an employer tries to improperly categorize you as an “independent contractor” in order to lessen the standard of treatment and wages owed, the employer may be subject to penalties.

2. Your employer fails to pay for your earned overtime hours

As an employee, you have a right to be paid for earned overtime. Both the Fair Labor Standards Act and Massachusetts law require qualified employees that work over 40 hours in a week be paid the employee’s base rate of pay for work at a rate of time and a half.

What constitutes a qualified employee is often based on whether you hold a position of authority, such as a managerial position. If you are a qualified employee, the employer is obligated to pay for your earned overtime hours and will be subject to penalties for failing to do so.

3. Your employer fails to pay for your earned commissions

As an employee, you have a right to be paid for your earned commissions. The Massachusetts Wage Act requires an employee be paid for earned commissions when commissions are definitively calculated. Often times, an employer may attempt to classify an employee’s earned commissions as “discretionary” under the contract in order to avoid pay the commissions altogether.

Regardless of the motive, if your employment contract requires paid commissions and you can definitively calculate the commissions owed, you have a right to those paid commissions by the employer.

Attorneys Feener & Wehrli May Be Able To Help With Your Wage and Hour Case

The Law Office of Feener & Wehrli LLC may be able to help you with you wage and hour claim and offers a FREE limited consultation to potential clients.

Please fill out our Potential Client Intake Form concerning your wage and employee status case. Once we receive and evaluate your completed form, we will make every effort to promptly respond as your concerns are important to us.