Section 149:148A - Employees seeking rights under provisions of this chapter; discharge or discrimination; punishment

1 Analyses of this statute by attorneys

  1. Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses

    Ogletree, Deakins, Nash, Smoak & Stewart, P.C.Neil V. McKittrickJanuary 28, 2021

    At some point during her employment, Raymond allegedly began to feel that her salary was inadequate to compensate her for the hours that she was working, and she “complained to Federal [Management] that she felt overworked and underpaid.” After Raymond raised these concerns, the company terminated her employment.Following her discharge, Raymond asserted claims against Federal Management for unpaid overtime under the Massachusetts Minimum Fair Wage Law (M.G.L. c. 151, § 1) and various common law theories (such as breach of contract and promissory estoppel), and for retaliation under the Massachusetts Wage Act (M.G.L. c. 149, § 148A). The trial court dismissed Raymond’s claims, and she appealed that decision to the Massachusetts Appeals Court.AnalysisThe Massachusetts Appeals Court affirmed the dismissal of all three of Raymond’s claims.