Labor and Employment


You have the right to good and equal treatment in your workplace. Whether you seek full fledged legal representation or want a few questions answered, Attorney Fink can help. He is an experience employment claims litigator in Massachusetts, recovering for employees wrongfully treated in the workplace. Depending on the details of your case the Westboro Lawyer may seek to resolve your disputes amicably or to seek recovery through legal process.

John Fink protects the right of Worcester County employees to be paid according to the federal Fair Labor Standards Act and Massachusetts regulations and laws. Cases involving wage, hour, break, and overtime violations, are litigated vigorously and Attorney Fink has helped employees recover commissions, unpaid wages, salaries and even tips unlawfully held by employers. John L. Fink is a wage and hour attorney in Westborough Mass who protects employee's rights in the courts.

In the Commonwealth of Massachusetts, the employee protection laws relating to payment of wages award employees treble (triple) damages plus attorney’s fees from any employers who:

  • Fail to pay their employees overtime for time worked in excess of 40 hours;
  • Improperly classify as salaried employees who perform non-exempt functions;
  • Split or share a tip-pool with managers;
  • Make use independent contractors as employees in violation of Attorney General guidlines;
  • Do not pay at least minimum wage ($9.00/hour) for each and every hour worked;
  • Alter or edit time cards;
  • Deduct breaks or other time from employee time cards, regardless of whether breaks were actually taken;
  • Force or let employees perform work duties “off the clock”;
  • Fail to "cash out" and pay vacation time upon termination;>
  • Fail to pay commissions or guaranteed or non-discretionary bonuses;
  • Do not properly pay overtime.

By far the most common wage violations stem from failing to properly pay employees their overtime wages; employees who should not be exempt are all too often misclassified as exempt, either intentionally or accidentally, by their employers. Misclassified employees miss out on years in overtime pay. Speaking generally, only the following classes of people are legally exempt from receiving overtime pay under federal law: high or top level managers; recognized artistic professionals; outside (as opposed to inside) sales people; and certain white-collared professionals with advanced academic training and licensing. Massachusetts has its own exemptions to overtime pay, but employers must still follow federal law and pay employees who qualify.

Contact Fink Law office today ((508) 433-0529) for a free consultation about your rights and any unpaid wages you may be owed by your employer.