We also have been involved in trying cases involving wage and hour issues, including the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act claims, overtime claims, and misclassification cases (exempt/non-exempt and independent contractor issues). Todd & Weld was involved in one of the first decisions by the Massachusetts Supreme Judicial Court interpreting a damages defense to the amended Independent Contractor statute, G.L. c. 149, section 148B, in the widely reported decision of Somers v. Converged Access, Inc., 454 Mass. 582 (2010).
We have successfully represented companies in wage and hour audits and investigations conducted by the Attorney General’s Fair Labor Division and the U.S. Department of Labor. We have represented numerous individuals and companies in commission claims under the Massachusetts Wage Act.
In an era of increasing investigations and enforcement actions brought by government agencies, including the Attorney General’s office and the U.S. Department of Labor and other state and federal agencies, our clients look to Todd &Weld for appropriate employment advice, particularly where violations of wage and hour statutes, such as misclassification of employees as independent contractors, can have potentially significant and costly consequences.