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Wage Cases


Smith Lee Nebenzahl Wage and Hour Cases

Massachusetts law requires timely payment of wages, overtime, and accrued vacation time on termination of employment.   The following are some examples of wage and hour litigation pursued by Smith Lee Nebenzahl attorneys.


Payment of wages: Smith Lee Nebenzahl attorneys have represented several employees who were denied payment of wages and/or accrued vacation at termination of employment, and whose wages were paid chronically late during their employment.  In each case, our attorneys have negotiated favorable settlements that resolved the litigation and fully compensated the employees.
Overtime wages: An employee of a cable television service company retained Attorney Smith-Lee after the termination of his employment to recover overtime pay.  The employee lived in Massachusetts, and worked for a Massachusetts company, but performed services, including overtime, in Connecticut.  The employer tried to avoid application of Massachusetts law, which provides for more generous compensation for unpaid overtime wages.  Attorney Smith-Lee convinced the court that Massachusetts overtime law should apply, in the reported decision of Gonyou v. Triwire Engineering.  Shortly thereafter, the parties settled the litigation.
Massachusetts Wage Act



“Piece Work” Payment: Smith Lee Nebenzahl attorneys represented an employee who was paid on a “piece work” basis, and only after customers paid.  This resulted in the employee performing services on a regular basis with ether no wages or deferred wages, and without overtime pay, in violation of the Massachusetts Wage Act and overtime laws.  The employee was also threatened with termination of his employment if he continued to complain about his wages and overtime.  Smith Lee Nebenzahl attorneys initiated litigation under the Massachusetts Wage Act and the federal Fair Labor Standards Act (FLSA) for recovery of his unpaid wages, which resulted in a favorable settlement.




Overtime Wages/Misclassification: Smith Lee Nebenzahl attorneys have represented several employees who were improperly classified as exempt from overtime laws.  One employee had a job title of “assistant store manager,” but job duties that more closely resembled those of a non-exempt position.  Smith Lee Nebenzahl attorneys initiated litigation, claiming that he had been improperly classified and should have received overtime compensation, which resulted in a favorable settlement.
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