Page 21 - BusinessWest May 30, 2022

Case in Point
Court: State Law Remedies No Longer Available for FLSA Violations
By Alexander Cerbo, Esq.
As most employers are aware, non- payment of wages claims can be made under both state law, the Massachusetts Wage Act (“MWA”), and federal law, the Fair Labor Standards Act (“FLSA”). Although simi- lar in many respects, the MWA and FLSA have several important differences.
First, under the FLSA, either a two-or three-
equal to the amount of lost wages. Essentially, employees can recover “double
damages” or double the amount of back pay damages for unpaid overtime. On the other hand, remedies under the MWA are even greater. Plaintiffs can recover attorney’s fees and costs, both of which are subject to treble, or triple, damages.
these plaintiffs cannot assert these claims under the MWA because restaurant workers, as well as other service-industry employees, as a matter of law, are not entitled to overtime wages. Never- theless, they attempted to argue that violations of the FLSA entitled them to damages under the MWA. The SJC disagreed, holding that remedies afforded under the state MWA are to be preempt- ed by the federal FLSA where employees’ claims for unpaid overtime wages arise exclusively under federal law.
While this decision is good news for employ- ers, the remedies available under the FLSA remain considerable. To avoid these substantial damages, employers should ensure internal pro- cedures are in place, and consistently followed, so as to guarantee all employees are paid wages owed to them. u
Alexander Cerbo is an attorney who specializes in labor and employment-law matters at the Royal Law Firm LLP, a woman-owned, women- managed corporate law firm that is certified
as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.
“When deciding which law to bring a wage claim under, Massachusetts plaintiffs often file under the MWA because of the greater remedies available to them under the MWA. However, this is not always the case.”
year statute of limitations applies, depending on whether the claimant can demonstrate that the employer acted “willfully.” On the other hand, the MWA provides for a strict three-year statute of limitations. Also, the FLSA allows a prevail- ing plaintiff to recover costs, attorney’s fees, and potential liquidated damages (i.e. damages col- lected as a result of a breach of the contract)
When deciding which law to bring a wage claim under, Massachusetts plaintiffs often file under the MWA because of the greater remedies available to them under the MWA. However, this is not always the case.
In a recent matter before the highest court in Massachusetts, several restaurant workers assert- ed unpaid overtime claims under the FLSA. But
A Welcome Addition to Our Company
Elizabeth Sears has joined the team at BusinessWest and The Healthcare News as a staff writer. Elizabeth recently graduated from Westfield State University as Valedictorian for the
Class of 2022 with a B.A. in English and Communication. While at Westfield State, she contributed to BusinessWest
as a freelance writer and was published in the University’s newspaper The Westfield Voice as a staff writer, gaining valuable experience that has led to her new position
with the magazines. In her role, Elizabeth will
help tell the many stories generated by the business community in our region.
Elizabeth can be reached at (413) 781-8600, ext. 109 or [email protected]
The Royal Law Firm
is a Woman-Owned Corporate Law Firm Servicing New England
413.586.2288 www.TheRoyalLawFirm.com
A Certified Women’s Business Enterprise
CERTIFIED WITH THE FOLLOWING ORGANIZATIONS:
The Massachusetts Supplier Diversity Office
The United States Small Business Administration’s Federal Contracting Program The National Association of Minority and Women Owned Law Firms
The Women’s Business Enterprise National Council
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