Speaking Engagement

New Massachusetts Wage & Hour Treble Damages Law - 05.20.08

Litigation Avoidance is the First Line of Defense


Seyfarth Shaw Offices
Two Seaport Lane, Suite 300
Boston, MA 02210


8:00 a.m. – 10:00 a.m.

The passage of Chapter 80 of the Acts of 2008 (formerly, Senate Bill No. 1059), "An Act Further Regulating Employee Compensation," will trigger monumental change in Massachusetts employment law by imposing automatic treble damages for violations of the state's wage and hour laws. Effective July 13, 2008, this new law:

  • Mandates treble damages for all Massachusetts wage & hour violations
  • Allows no defense, even for employers who act in good faith or make an unintentional mistake
  • Poses enormous economic risks to Massachusetts employer of all sizes, in all industries.

Massachusetts is the only state that will require automatic treble damages for violations of virtually all state wage & hour laws, such as:

  • Non-payment of overtime to employees misclassified as exempt
  • Failure to meet timely payment of wage requirements
  • Failure to provide Sunday and holiday pay (the "Blue Laws")
  • Independent contractor misclassifications
  • Tip practices found to be wrongful

We will also discuss a number of issues about the new law that will certainly be controversial:

  • Whether the new law is retroactive
  • Whether interest is also available in addition to liquidated damages
  • Whether the new law is vunerable to constitutional attack

Employers are encouraged to assess their wage payment policies and practices to make sure they are complying with Massachusetts wage and hour laws. Seyfarth Shaw LLP has defended more wage and hour lawsuits against employers in Massachusetts than any other law firm. We have also taken a leadership role in informing employers about this new law and the steps they can take to address wage & hour liability risk. Join us for this timely seminar on risks and liabilities to Massachusetts employers.


8:00 a.m. – 8:30 a.m. – Registration and Breakfast
8:30 a.m. – 10:00 a.m. – Program
10:00 a.m. – 10:30 a.m. – Continuing Discussion