Helping Employees And Employers Understand Their Rights
Massachusetts is set to have the highest minimum wage plan of any state. By 2017, it will rise to $11 per hour. Minimum wage hikes are in the news, and some cities, including Seattle, have raised minimum wages even higher. But many employers, including those in Massachusetts, continue to drag their feet on meeting these minimum requirements.
Our Approach To Handling Minimum Wage Claims
Not all businesses are required to meet these standards. Workers in white collar areas — management, professional and administrative roles — are exempt from minimum wage law requirements. However, there are strict legal definitions as to who fits in these categories. Many employees who seemingly fit into these boxes, in fact, do not.
At The Employee Rights Group, LLC, we have extensive experience on both sides of this issue. Our attorneys help employees call these minimum wage exemption classifications into question and otherwise challenge employers who seek to deny workers the minimum wage. We also protect the interests of employers that have been accused of violating the minimum wage laws, as well as help them find ways to avoid these conflicts in the first place.
We feel that understanding both sides of an issue gives us the ability to better represent the side we are on. We are aggressive in protecting our clients’ rights and interests under the law and work diligently to bring about a successful resolution to their cases.
Protecting Employees’ Wage And Hour Rights Under The Law
Professional workers designated as “learned” or “creative” are exempt from minimum wage considerations. To qualify as learned, one must possess advanced knowledge, do work that is primarily intellectual in nature, and show discretion and judgment in all that one does. To qualify as creative, an employee must be doing work that is inventive, imaginative, original or otherwise artistic.
Other exempt groups include people working in farming, for seasonal recreational businesses, for small newspapers, in the fishing industry and as seamen on international vessels. Likewise, switchboard operators are exempt. Independent contractors do not need to be paid minimum wage.
Common questions for employees and employers are: Do workers in these exempt areas really qualify as exempt? Are independent contractors really independent contractors, in terms of the salaries they are paid and the duties they perform? Is their exempt classification just a way to get around the law?
We Stay Current On Massachusetts Changing Minimum Wage Laws
Every case is unique. Our Boston-based employment lawyers stay up to date with the latest case law outcomes that have a bearing on our clients’ cases. Call to schedule a no-cost, no-obligation evaluation of your claim. The Employee Rights Group, LLC can be reached at 774-847-7390. Or you may email us your questions.