Responding to a Wage and Hour Violation Lawsuit in Massachusetts: A Guide for Small Business Owners
What to Do If You Are Sued for a Wage and Hour ViolationWage and hour violation lawsuits in Massachusetts can have devastating consequences for small business owners. The state enforces strict rules, and even minor violations can result in severe penalties. To make matters worse, if an employee is granted relief, you may be liable for their legal expenses. Consequently, the longer the dispute persists, the greater the potential financial burden on your business. For more information about the litigation process, review our page on what to expect as a defendant in civil litigation.
Understand the Factual AllegationsBegin by thoroughly understanding the allegations made by the employee. Carefully review the complaint and any supporting documents. Knowing the specific claims against your business, and what facts the employee is relying on, is essential for building an effective defense.
Understand the Basics of a Wage and Hour ClaimWage and hour claims encompass various issues, such as minimum wage, overtime, and disputes related to wage or commission payments, including delays or nonpayment. In such cases, the law imposes strict liability, where your intent is not a determining factor if an employee proves they were entitled to unpaid wages. Therefore, it's crucial to maintain meticulous records of payment details, including when and how the employee was paid. Additionally, if the employee was classified as overtime-exempt, it's essential to document the basis for that classification.
Consult with an Employment AttorneyWage and hour claims can be legally intricate, demanding specialized legal expertise. When facing such claims, it's crucial to consult with an experienced employment attorney in Massachusetts who understands the complexities involved. An employment attorney can evaluate the case's merits, offer legal counsel, and expertly guide you through the process.
Early consultation with an attorney is equally vital in wage and hour claims. This early engagement enables you to gather relevant facts, assess potential liability, and craft a strategic legal approach tailored to your specific circumstances. Moreover, an attorney can often facilitate an extension for your response deadline, which can be as brief as 20 days in some cases. This extension grants you valuable time to thoroughly evaluate and determine the most prudent course of action. Preserve Relevant EvidencePreserve all electronic and physical evidence related to the case. Avoid altering or deleting any information that may be relevant to the lawsuit. Failure to preserve evidence can have serious legal consequences. This is true even if, and especially if, the evidence is potentially harmful to your case.
Develop a Legal Strategy and Evaluate Your RiskCollaborate closely with your employment attorney to develop a customized legal strategy that aligns with the unique circumstances of your wage and hour claim. Your attorney will help you explore various defense strategies tailored to your case's specifics.
An integral part of this process involves assessing the risks involved and considering a potential settlement strategy. It's essential to recognize that in wage and hour lawsuits, the potential financial burden extends beyond penalties and damages. If the employee prevails, you could also be held responsible for covering their legal fees. Your attorney can offer invaluable insights into potential damages, defense costs, and the strength of your legal defenses. While it's entirely natural for many business owners to feel upset when confronted with a lawsuit and hesitant about considering settlement, it's important to remember that this early stage often provides the most cost-effective opportunity for exploring such options. |
We're Here to Help.OR
|
Considering Payment of Owed Amounts
If, in consultation with your attorney, you discover that an error indeed occurred in wage and hour matters, prompt rectification may be a prudent course of action. It's essential to remember that if the employee prevails in court, the law mandates the award of triple damages and attorneys' fees.
While paying three times the owed amount may initially seem like conceding, in some instances, it can be an opportunity to avoid the escalation of legal expenses—both your own and the employee's—which you might ultimately be responsible for. Your attorney can assess the clarity of liability and whether this strategy is a viable option for your case.
While paying three times the owed amount may initially seem like conceding, in some instances, it can be an opportunity to avoid the escalation of legal expenses—both your own and the employee's—which you might ultimately be responsible for. Your attorney can assess the clarity of liability and whether this strategy is a viable option for your case.
Stay Calm and Maintain Perspective
Maintain professionalism and composure throughout the legal process. Avoid any form of retaliation against the suing employee, as this can escalate the situation and lead to additional legal troubles.
Meet Our Employment Litigation Attorneys
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our dedicated team of employment attorneys in Massachusetts is here to assist you in addressing wage and hour violation claims. We offer expert counsel to help you understand your case, develop a solid defense, and explore potential solutions, including settlement options. With our guidance, you can protect your business's interests and work toward a fair resolution. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
|
|
|
|
|
