Foley Hoag: Recent Decision by Massachusetts High Court Removes Barriers to Wage Claims | Practical Law

Foley Hoag: Recent Decision by Massachusetts High Court Removes Barriers to Wage Claims | Practical Law

This Law Firm Publication by Foley Hoag LLP discusses the Massachusetts Supreme Judicial Court's June 17, 2013 decision in Depianti v. Jan-Pro Franchising International, Inc. The court held that an employee is not barred from bringing a wage claim in court if he fails to first exhaust administrative remedies by filing a complaint with the Attorney General. The court also held that there does not need to be a contract between the employer and the person claiming misclassification for that person to assert a claim that he was misclassified as an independent contractor. This decision interprets the Wage Act in favor of employees and makes it easier for them to bring lawsuits under the Act.

Foley Hoag: Recent Decision by Massachusetts High Court Removes Barriers to Wage Claims

by Foley Hoag LLP
Published on 19 Jun 2013Massachusetts, United States
This Law Firm Publication by Foley Hoag LLP discusses the Massachusetts Supreme Judicial Court's June 17, 2013 decision in Depianti v. Jan-Pro Franchising International, Inc. The court held that an employee is not barred from bringing a wage claim in court if he fails to first exhaust administrative remedies by filing a complaint with the Attorney General. The court also held that there does not need to be a contract between the employer and the person claiming misclassification for that person to assert a claim that he was misclassified as an independent contractor. This decision interprets the Wage Act in favor of employees and makes it easier for them to bring lawsuits under the Act.