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Wage Act Violation: Unpaid Work During COVID Furlough

Independent Contractor Physician
Nathan worked as a consulting engineer for a cloud storage company.  When the pandemic hit, he and his team were furloughed, like many other employees.

He and his team, however, were explicitly asked to continue to work off-site.  They were told that they needed to continue maintaining and updating code for customer use even while on furlough.

When they asked why they should continue to work without pay, they were told it was so that they would "have a place to come back to" when the shutdown ended.  They were also told not to tell customers that they were on furlough.

Nathan and his team did as instructed, and continued to work for a little over two months.  At that point, instead of recalling Nathan and his colleagues from furlough, the company announced that it was laying them all off.  

In addition to the unpaid working time, Nathan was not paid for a little over three weeks of vacation that he had accrued but not used at the time of his termination.  The company offered him a severance package that did not come close to the amount of his owed wages, which he declined.

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Wage Act Solution

When Nathan came to us, we were still mid-pandemic.  In addition to not being paid for his work over the prior months, he had lost the ability during that window to pursue alternate employment.  

We filed a claim under the Massachusetts Wage Act, and engaged in written discovery.  Documents produced by the company completely supported Nathan's claim that they had been providing services throughout the furlough, and that it was at the direction of the company.

We were able to reach a settlement that adequately compensated Nathan for the wages and vacation time he was owed.

Postscript

Nathan was able not only to secure compensation for his work, but also to hold the company accountable for taking advantage of the COVID furlough to try to get free work out of its employees.

If you are ever asked to work without pay, remember that the Massachusetts Wage Act and minimum wage laws are there for your protection.  An experienced employment attorney can help you understand your rights and your options in that situation.

How Our Wage and Hour Lawyers Can Help

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We have years of experience helping people with wage and hour issues, and we would be happy to help. 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.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
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    • Severance Package FAQs
    • Medical Leave FAQs
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  • Blog