We Are Highly Skilled and Experienced Boston, Massachusetts Labor Law Attorneys.

Our Expert Boston Labor Lawyers Are Specialists in All Types of Labor Law Cases. Call our Boston, MA Law Firm 24/7 at 617-787-3700 or Email Us at info@gilhoylaw.com.

The Boston law offices of Gilbert R. Hoy, Jr. and Affiliates specializes in Massachusetts labor law. We are committed to providing top-notch legal representation to employees and unions across the Commonwealth of Massachusetts. The ultimate goal of our labor rights law firm is to provide personalized and exceptional legal services tailored to meet the unique needs of each of our labor law clients and to achieve the best results in each and every case.

We Are Relentless Advocates for Massachusetts Workers and Massachusetts Unions.

Our Boston labor law attorney professionals believe that the best way for Massachusetts employees to have a positive working relationship with their employers is to know their rights. The labor law lawyers at our Boston, MA law firm have a sophisticated knowledge of Massachusetts and federal labor laws and seek to pass on this knowledge to all Massachusetts employees with questions and concerns regarding workers’ rights. We have successfully represented clients for many years in cases involving child labor, sexual harassment, discrimination, employment leave, privacy and personal records and wrongful termination. Our expert Boston labor law lawyers have also helped Massachusetts unions understand their rights pertaining to strikes, picketing, injunctions and lockouts. We have assisted unions in negotiating wages, hours and other conditions of employment that best ensure that their interests and rights are fully protected.

We invite you to explore our website to learn more about labor laws, employee rights and the legal services offered by our Boston, Massachusetts labor law office. Please call us 24 hours a day, 7 days a week, at 617-787-3700 or email us at info@gilhoylaw.com to find out how the Massachusetts labor law attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates can assist you in resolving your labor law issues. We provide all Massachusetts workers in need of legal advice with a free initial consultation to discuss their legal options.

When you choose our Boston, MA labor law office to represent you, your needs are our top priority!

Child Labor Law and Practice in Massachusetts

The Fair Labor Standards Act (FLSA) is a federal piece of legislation which includes provisions aimed at protecting educational opportunities for individuals under the age of 18. The FLSA makes it illegal for minors to be employed in certain jobs that put their health or well-being at risk.

In addition to the FLSA, Massachusetts child labor laws provide for restricted work hours, supervision requirements and working permits for employed minors. Violation of these laws can result in harsh criminal and civil penalties.

Both federal and state laws govern occupational restrictions for minors. In general, Massachusetts residents under the age of 14 are legally unable to be employed in any work. There are only a few exceptions to this rule for individuals who work as newspaper carriers, on farms or in the entertainment business. There are also numerous employment restrictions for Massachusetts residents under the ages of 16 and 18, who cannot legally do work involving heavy machinery, construction, firearms or hard labor. These laws apply to all Massachusetts employers, including parents who employ their children.

In order to be eligible to work, all Massachusetts residents between the ages of 14 and 17 must fill out a work permit application and receive an approved work permit before beginning any job. Even with a work permit, there are restricted hours that minors are able to legally work. Massachusetts residents who are 14 or 15 years old are only allowed to work between the hours of 7AM and 7PM during the school year for a maximum of 18 weekly hours over no more than 6 days, at a maximum of 3 hours on schooldays and 8 hours on weekends and holidays. During the summer, 14 and 15 year olds may work between 7AM and 9PM for up to 8 hours a day, 6 days a week, for a maximum of 40 hours a week. Massachusetts residents who are 16 and 17 years old may only work from 6AM to 10PM on a day before a school day (except in certain exceptions involving restaurants) for a maximum of 48 hours a week with up to 9 hour days and a maximum of 6 days a week.

Labor laws are complex. If you have any questions regarding child labor laws and restrictions, please contact our child labor law lawyer specialists via phone at 617-787-3700 or by email at info@gilhoylaw.com. Our Boston child labor law attorneys can help you file a working permit for minors seeking employment and can advise you on minor workers’ rights. We believe that every young person deserves the best educational opportunities and protections offered under Massachusetts and federal law for safety in the workplace. Our Massachusetts child labor law office looks forward to assisting you with all of your legal needs.

Collective Bargaining in Massachusetts

Massachusetts law allows Massachusetts public employees and Massachusetts towns to participate in unions and engage in collective bargaining and other organized activities with the aim of protecting worker’s rights. Many private companies also allow workers to unionize. Labor unions provide employees with the opportunity to band together to collectively fight for better terms and conditions of employment.

Collective bargaining agreements often involve a lot of technical legal language. It is strongly recommended that labor unions retain legal counsel to ensure that they are not misled in signed agreements, that all of the terms are valid and that employee rights are always protected. Our Boston, MA union protection lawyers have assisted Massachusetts unions in negotiations, arbitrations and mediations with employers to fight against injustice at the workplace. Our Boston, MA law firm has helped unions deal with issues involving hours, wages, benefits, working conditions, training and workplace rules. The collective bargaining lawyers at our Boston union defense law office work diligently to make sure that all agreed upon contracts benefit Massachusetts employees.

Our Boston union support lawyers represent Massachusetts employees with grievances against their Massachusetts employers. Contested issues and grievances may include:

• Breaches in Minimum Wage and Hour Laws
• Discrimination
• Harassment
• Unpaid Overtime
• WARN (Worker Adjustment and Retraining Notification) Act Violations
• Unjustified Disciplinary Action
• Wrongful Discharge

If your labor union needs help with a collective bargaining agreement or other employment legal issue, please contact our Massachusetts union protection law firm by phone at 617-787-3700 or by email at info@gilhoylaw.com. Our Boston, MA union defense lawyer specialists have an in depth knowledge of Massachusetts and federal laws regulating union activities, such as strikes, picketing, injunctions and lockouts. We are pleased to work with union employees to make sure that they are fully aware of their individual employee legal rights and the rights of their Massachusetts union. Our Boston union labor law attorneys will work hard to help you and your unions resolve any disputes with your Massachusetts employer. Put our Boston, Massachusetts law office to work for you today!

Wage and Hour Regulations in Massachusetts

The Fair Labor Standards Act (FLSA) is a federal law governing minimum wage, overtime pay, hours worked and record keeping for employees in the private sector and public sector at the federal, state and local levels. Although some workers are exempt from certain rights protected by the FLSA, the statute covers the vast majority of Massachusetts workers. As of July 24, 2009, the federal minimum wage is $7.25 per hour, meaning that all individuals employed in the United States must be paid at least this much for each hour that they work. The FLSA also mandates that employees be paid overtime for any time worked over 40 hours a week, a full-time work week. Overtime pay must be at least one and one-half times the employee’s regular pay rate. Employers are not required to pay overtime for work done on weekends, holidays or other days of rest unless that time constitutes time worked above the 40 hour work week. There is no limit for how many hours an employee over the age of 18 may work, and employees are required to be paid for all time in which they are required to be at their workplace or on duty. Employers must maintain a record of employee work time and pay. According to the FLSA, employers must put up an official poster setting forth FLSA rights in a place that is accessible to all employees.

Massachusetts also has its own state laws regarding minimum wages and work hours. According to the Massachusetts Minimum Fair Wage Law, all Massachusetts employees must be paid at least $8.00 per hour. In instances where both state and federal laws apply, such as in the case of minimum wage, the law with the higher standards must be followed. This means that all employees in Massachusetts must be paid a minimum wage of $8.00 per hour, not the $7.25 per hour required by federal law. However, employees who receive tips may be paid a lower minimum wage. Overtime pay, according to Massachusetts law, is also one and one-half times the regular rate of pay, provided that the employee is not exempt from overtime pay. Under Massachusetts Blue Laws, it illegal for employers to require employees to work on Sundays. A violation of this right or retaliation against the employee may constitute discrimination and result in penalties to the employer.

If your employer has failed to pay you the Massachusetts minimum wage or has violated your right to receive overtime pay, you need the help of an expert labor law attorney. Our Massachusetts employee defense lawyers have a thorough understanding of federal and state laws surrounding wages and work hours. We can help you with your FLSA violation issues. Please contact our labor law office by phone at 617-787-3700 or by email at info@gilhoylaw.com. Our Boston, MA lawyer professionals would be honored to represent you.

Massachusetts Wrongful Termination

Wrongful termination is a term which refers to instances in which Massachusetts employers unlawfully fire their Massachusetts employees. The Boston, MA labor lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates aggressively and skillfully represent Massachusetts employees who have been fired unfairly. The immediate and natural reaction to file a complaint must be tempered with the fact that Massachusetts is an “at will” employment state, meaning that employees can generally be let go for any reason, or no reason at all, even if the reason is dubious. A Massachusetts employer can terminate any employee, with or without notice. There are, however, very specific exceptions to these “employment at will” rules. These exceptions include:

• Breach of Existing Employment Contracts
• Discrimination
• Firing After Inducement
• Fraud or Misrepresentation
• Implied Contracts
• Public Policy Violations
• Retaliatory Discharge
• Sexual Harassment
• Whistleblower Claims

Our expert Boston employee attorneys have skillfully and expertly helped Massachusetts employees, on numerous occasions, to recover compensation, benefits and professional standing through a Massachusetts wrongful termination lawsuit. Since Massachusetts practices at will employment, the notion of fairness is simply not enough to succeed in a wrongful termination lawsuit. Our highly skilled Boston wrongful termination lawyers can assist you in identifying a viable legal theory that establishes one of the above conditions. We will evaluate the number of years served; performance based on positive evaluations, promotions, salary increases and bonuses; existing company policies, both written and oral, that describe disciplinary action and termination procedures; and a number of other relevant criteria so as to prepare the strongest case for you.

If you feel that you are the victim of wrongful termination in Massachusetts, you have legal options, such as filing a complaint with the appropriate government agencies and the Department of Labor. Based on careful investigation and application of Massachusetts law, you may also have recourse in the form of a Massachusetts wrongful termination lawsuit. An attorney from the Law Offices of Gilbert R. Hoy, Jr. and Affiliates can evaluate your situation and make specific and appropriate legal recommendations based on practical experience in negotiating and litigating these specific types of legal actions. Please contact our expert Boston attorney professionals at 617-787-3700 or at info@gilhoylaw.com to speak to a Boston, Massachusetts labor lawyer about your rights and options after an unjust job termination. We look forward to helping you!

Massachusetts Unemployment Claims

The Massachusetts Division of Unemployment Assistance (DUA) is responsible for deciding claims for unemployment compensation benefits. Unfortunately, many Massachusetts employees do not fully understand how to explain all the relevant facts about why or how their unemployment ended. They may omit critical supporting facts, which often results in the denial of an otherwise valid Massachusetts unemployment claim. You can reduce the chances of this happening to you by consulting with a skilled Massachusetts unemployment lawyer from the Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates. If your unemployment claim was initially denied, you have a legal right to appeal to the DUA to provide additional evidence. Our experienced Boston employment labor law attorneys are ready to fight tirelessly on your behalf at your hearing, and to secure all of the Massachusetts unemployment benefits to which you may be entitled.

Massachusetts unemployment benefits are a means of temporary support should you lose your job through no fault of your own. There are a number of requirements that you must meet in order to obtain unemployment compensation in Massachusetts, including:

• You lost your job due to no fault of your own;
• You filed an application for unemployment;
• Your employer was required or elected to pay into the unemployment fund;
• You have worked enough to earn sufficient credit weeks;
• You are currently available and capable of working; and
• You have met the one week waiting period after filing for unemployment.

All Massachusetts employees want a good relationship with their Massachusetts employers, and many are surprised when their employer tries to prevent them from receiving benefits to which they are legally entitled. The more claims against a Massachusetts employer, the more that employer has to pay into the unemployment fund. Every employer is taxed at a rate that can increase based on the number of successful claims. For that reason, Massachusetts employers often attempt to minimize the number of former employees receiving unemployment benefits. Other Massachusetts employers fight claims for personal and subjective reasons. If a Massachusetts employer believes that an employee did something wrong, and should not receive the benefit of unemployment compensation, he or she may protest the Massachusetts unemployment benefits claim.

An experienced Boston, MA labor law lawyer can help you prepare for the challenges you face when trying to collect Massachusetts unemployment benefits. At the expert Boston, MA labor Law Offices of Gilbert R. Hoy, Jr. and Affiliates, we handle unemployment compensation claims for individuals and businesses throughout the Commonwealth of Massachusetts. From willful misconduct to voluntary resignation, we can take on complex cases and make sure that your rights are protected. For more information on how one of our qualified Boston, Massachusetts unemployment claims attorney specialists can help you, call 617-787-3700 or email info@gilhoylaw.com. Your needs are our top priority!

Massachusetts Non-Compete Agreements

As a condition of being hired or of continued employment, some Massachusetts employers ask their Massachusetts employees to sign a non-compete agreement, namely a covenant not to compete or some similar type of agreement. Typically these agreements provide that, for some stated period of time after their employment ends, and within a stated geographical area, the Massachusetts employee will not work individually or with someone else in a specified type of business which competes with that of their former Massachusetts employer. Massachusetts non-compete agreements also often include provisions that prohibit the employee from soliciting business from any of the former Massachusetts employer’s customers. This provision is known as a no-solicitation clause.

Many Massachusetts employees do not give much thought to such agreements, and often sign them automatically without giving careful consideration to the potential adverse effects that doing so will have on their future employment activities following the termination of their employment. Depending on a variety of factors, these types of agreements may or may not be enforced by Massachusetts courts. Massachusetts courts disfavor overly broad restrictions, and instead require that limitations be tailored to the nature of the employer’s protected information and the responsibilities performed by the employee to be restrained.

In some instances, where the time limitation, geographical region and nature of the restricted work or business activities is deemed to be reasonable and necessary to protect the legitimate business interests of the former Massachusetts employer, courts have enforced these agreements against the Massachusetts employee. As a result, some Massachusetts employees, who have been judged to have violated such an agreement, have been prevented from engaging in the new employment or business-related activities and ordered to pay damages to their former Massachusetts employer.

The highly qualified Boston, MA labor non-compete agreement lawyers at the Boston, Massachusetts Law Offices of Gilbert R. Hoy, Jr. and Affiliates are very experienced in reviewing these types of agreements and are ready to advise you as to your rights and available courses of action if you have been asked to sign or have already signed such an agreement. Please contact our highly skilled Boston, Massachusetts law firm by telephone at 617-787-3700 or by email at info@gilhoylaw.com to schedule a free and confidential consultation.

The personal injury or wrongful death of a Massachusetts employee is an emotional and upsetting event which can have significant legal and financial implications. If you have been injured at a Massachusetts workplace or are an employer whose employee has been hurt at work, it is critical to seek legal advice and representation from an experienced Boston workplace health and safety attorney from the Law Offices of Gilbert R. Hoy, Jr. and Affiliates.

Our highly skilled Massachusetts labor lawyers and Boston, MA personal injury lawyer experts can advise and act for you in the following areas:

• Provide an immediate, comprehensive response by an individual lawyer or team to the scene of an accident where we can advise and represent you in discussions or interviews with Massachusetts health and safety inspectors or the police;
  
• Perform legal compliance audits of your workplace for workplace health and safety, reviewing policies, procedures and systems; and
• Representation in the defense of prosecutions and claims against Massachusetts employers and their Massachusetts insurance companies.

Our experienced Massachusetts labor law attorneys take a firm but reasonable approach with workplace health and safety investigators in order to protect the best interests of both Massachusetts employees and Massachusetts employers. Our Boston, Massachusetts occupational safety and health law attorneys assist Massachusetts clients in understanding and complying with both federal and state occupational safety and health laws and represent clients in the negotiation and litigation of health and safety violation complaints.

The occupational safety attorney specialists at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates have many years of experience assisting employers in meeting their obligations to safeguard their employees from workplace violence, illness and injury. Our Boston, MA law firm also protects employers from litigation and penalties resulting from Massachusetts employee personal injury or wrongful death claims. We counsel clients during Occupational Safety and Health Administration inspections and investigations, as well as in the preparation and implementation of written safety programs, standard operating procedures, workplace safety rules and employee handbooks for compliance with local, state and federal statutes.

If you have a legal concern regarding Massachusetts health and safety in the workplace or a Massachusetts personal injury claim, do not hesitate to contact the Boston, MA health and safety labor law attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. We are available by telephone at 617-787-3700 and by email at info@gilhoylaw.com to schedule a free and confidential consultation for you. Let us put our expertise to work for you! Call today!

Massachusetts Labor Law Attorneys

If you are a Massachusetts employee facing a dispute with your Massachusetts employer, our labor law defense lawyers can help you.

The highly experienced Boston labor lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates posses the knowledge and skills necessary to successfully handle any legal issue you have regarding Massachusetts labor law. We are devoted to upholding the rights of Massachusetts employees and unions in negotiations and disputes with their Massachusetts employers. We provide superior legal counsel and exceptional client service to Massachusetts workers with cases involving:

• Child Labor
• Collective Bargaining
• Compliance with Hour and Wage Regulations
• Employment Leave
• Non-competition Agreements
• Unemployment Compensation
• Workplace Health and Safety
• Wrongful Termination

Our Boston labor lawyers work with individuals and unions across Massachusetts to navigate complicated state and federal labor laws. We believe that employees who fully understand their rights are better equipped to negotiate and bargain with their employers to achieve beneficial business interactions that best serve the employees’ best interests. The labor law attorneys at the Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates provide affordable, high quality legal services in all areas of labor law. We are skilled at keeping costs to a minimum through zealous negotiations, but are also skillful litigators should you pursue a Massachusetts labor law violation lawsuit.

To schedule a free and confidential consultation with a highly skilled Boston labor law attorney, call 617-787-3700 or send an email to info@gilhoylaw.com. Put our skill and expertise to work for you regarding your labor law violation case.