Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations applicable to statutory overtime claims. In pursuing these claims, employees often argue that the statute of limitations should be tolled because their employers misrepresented their entitlement to overtime pay to them, and/or they assert common law claims that have a longer statute of limitations. In cases where they experience some form of adverse action, employees often also assert a retaliation claim based on vague statements that they made to their employers about their exempt status and compensation. The Massachusetts Appeals Court’s recent decision in Tam v. Federal Management Co., Inc. now makes it more difficult for employees to prevail on any of these arguments.

Significant Changes in the Regulation of Temporary Staffing Coming to Massachusetts in 2013

In August 2012, Massachusetts Governor Deval Patrick signed into law a bill that established a series of new legal requirements for temporary staffing agencies and the companies that use their services. The law, called the “Temporary Workers Right to Know Act,” amends existing Massachusetts laws governing the temporary staffing industry in three specific ways by: (1) requiring that staffing agencies provide certain notices and information to all temporary employees;