Tag Archives: SJC

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

By Scott Faust and Heylee Bernstein on February 27, 2020 Posted in Litigation and Arbitration, Wage and Hour

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and terminated is a “lost wage” eligible to be trebled under the Wage Act. While employed by EnerNOC, the plaintiff … Continue Reading

Massachusetts SJC Weighs in on Wage Act Class Actions and Offers of Judgment

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on April 14, 2019 Posted in Class/Collective Action, Wage and Hour

On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act (“Wage Act”) violations must meet the certification standards set by Massachusetts Rule of Civil Procedure 23 (“Rule 23”), and cannot avail themselves of a lower bar to class certification. In Gammella v. P.F. Chang’s China Bistro, … Continue Reading