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  6. <title type="text">Blog - Hayber, McKenna &amp; Dinsmore</title>
  7. <subtitle type="text">Connecticut &#38; Massachusetts Employee Rights Lawyers</subtitle>
  8.  
  9. <updated>2023-10-13T17:26:55Z</updated>
  10.  
  11. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/blog/" />
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  17. <entry>
  18. <author>
  19. <name>Hayber, McKenna &#38; Dinsmore</name>
  20. <uri>https://www.hayberlawfirm.com</uri>
  21. </author>
  22.  
  23. <title type="html"><![CDATA[BANK OF AMERICA WORKER SUES FOR UNPAID ACCRUED VACATION TIME]]></title>
  24. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2023/10/13/bank-of-america-worker-sues-for-unpaid-accrued-vacation-time/" />
  25.  
  26. <id>https://www.hayberlawfirm.com/?p=24799</id>
  27. <updated>2023-10-13T17:26:55Z</updated>
  28. <published>2023-10-13T17:25:50Z</published>
  29. <category scheme="https://www.hayberlawfirm.com/blog/" term="Connecticut News" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Employee Rights" /><category scheme="https://www.hayberlawfirm.com/blog/" term="bank of america" /><category scheme="https://www.hayberlawfirm.com/blog/" term="employee rights" /><category scheme="https://www.hayberlawfirm.com/blog/" term="employment law" /><category scheme="https://www.hayberlawfirm.com/blog/" term="unpaid vacation time" />
  30. <summary type="html"><![CDATA[<p>Recently, a former Bank of America worker filed a national class action lawsuit against the Bank alleging that it failed&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2023/10/13/bank-of-america-worker-sues-for-unpaid-accrued-vacation-time/">Continue reading <span class="screen-reader-text">BANK OF AMERICA WORKER SUES FOR UNPAID ACCRUED VACATION TIME</span></a></p>
  31. <p>The post <a href="https://www.hayberlawfirm.com/2023/10/13/bank-of-america-worker-sues-for-unpaid-accrued-vacation-time/">BANK OF AMERICA WORKER SUES FOR UNPAID ACCRUED VACATION TIME</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  32. ]]></summary>
  33.  
  34. <content type="html" xml:base="https://www.hayberlawfirm.com/2023/10/13/bank-of-america-worker-sues-for-unpaid-accrued-vacation-time/"><![CDATA[
  35. <figure class="wp-block-image size-full"><img fetchpriority="high" decoding="async" width="793" height="664" src="https://www.hayberlawfirm.com/wp-content/uploads/2023/10/Screenshot-2023-10-13-at-10.15.51-AM.png" alt="bank" class="wp-image-24802" srcset="https://www.hayberlawfirm.com/wp-content/uploads/2023/10/Screenshot-2023-10-13-at-10.15.51-AM.png 793w, https://www.hayberlawfirm.com/wp-content/uploads/2023/10/Screenshot-2023-10-13-at-10.15.51-AM-300x251.png 300w, https://www.hayberlawfirm.com/wp-content/uploads/2023/10/Screenshot-2023-10-13-at-10.15.51-AM-768x643.png 768w" sizes="(max-width: 793px) 100vw, 793px" /></figure>
  36.  
  37.  
  38.  
  39. <p>Recently, a former Bank of America worker filed a national class action lawsuit against the Bank alleging that it failed to pay its workers accrued vacation time at the end of their employment. The <a href="https://www.classaction.org/news/former-bank-of-america-employees-shortchanged-on-unused-vacation-time-pay-class-action-alleges" target="_blank" rel="noreferrer noopener">lawsuit</a>, entitled <em>Nguyen v. Bank of America N.A.</em>, alleges that BOA maintained a written policy to pay its employees accrued but unused vacation when their employment ended but failed to do so in many cases.</p>
  40.  
  41.  
  42.  
  43. <p>Connecticut has strong laws protecting employees’ right to receive their earned fringe benefits when their employment ends. If an employer has a policy (typically in writing) to pay accrued fringe benefits such as paid vacation, sick days, and earned leave at termination, it must pay out those benefits. If employers fail to pay those benefits, Connecticut employees can bring a lawsuit for those benefits, plus penalty damages and attorneys’ fees. If your employer has a policy to pay fringe benefits at termination but has failed to do so, <a href="https://www.hayberlawfirm.com/contact-us/">contact our offices</a> and consult with one of our experienced lawyers today to see if you have a claim.</p>
  44.  
  45.  
  46.  
  47. <p></p>
  48. <p>The post <a href="https://www.hayberlawfirm.com/2023/10/13/bank-of-america-worker-sues-for-unpaid-accrued-vacation-time/">BANK OF AMERICA WORKER SUES FOR UNPAID ACCRUED VACATION TIME</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  49. ]]></content>
  50. </entry>
  51. <entry>
  52. <author>
  53. <name>Hayber, McKenna &#38; Dinsmore</name>
  54. <uri>https://www.hayberlawfirm.com</uri>
  55. </author>
  56.  
  57. <title type="html"><![CDATA[HOME DEPOT WORKER SUES IN CALIFORNIA FOR OFF-THE-CLOCK “CLOSING SHIFT” WORK]]></title>
  58. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2023/01/27/home-depot-worker-sues-in-california-for-off-the-clock-closing-shift-work/" />
  59.  
  60. <id>https://www.hayberlawfirm.com/?p=23447</id>
  61. <updated>2023-01-27T23:50:05Z</updated>
  62. <published>2023-01-27T23:50:05Z</published>
  63. <category scheme="https://www.hayberlawfirm.com/blog/" term="Employee Rights" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Unpaid Overtime Wages" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Wage and Hour Law" />
  64. <summary type="html"><![CDATA[<p>Recently, a Home Depot cashier filed a lawsuit in California against the company for back wages. The worker alleges in&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2023/01/27/home-depot-worker-sues-in-california-for-off-the-clock-closing-shift-work/">Continue reading <span class="screen-reader-text"><strong>HOME DEPOT WORKER SUES IN CALIFORNIA FOR OFF-THE-CLOCK “CLOSING SHIFT” WORK</strong></span></a></p>
  65. <p>The post <a href="https://www.hayberlawfirm.com/2023/01/27/home-depot-worker-sues-in-california-for-off-the-clock-closing-shift-work/">&lt;strong&gt;HOME DEPOT WORKER SUES IN CALIFORNIA FOR OFF-THE-CLOCK “CLOSING SHIFT” WORK&lt;/strong&gt;</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  66. ]]></summary>
  67.  
  68. <content type="html" xml:base="https://www.hayberlawfirm.com/2023/01/27/home-depot-worker-sues-in-california-for-off-the-clock-closing-shift-work/"><![CDATA[
  69. <figure class="wp-block-image size-large"><img decoding="async" width="1024" height="684" src="https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-1024x684.jpg" alt="home improvement store" class="wp-image-23449" srcset="https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-1024x684.jpg 1024w, https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-300x200.jpg 300w, https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-768x513.jpg 768w, https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-1536x1025.jpg 1536w, https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-2048x1367.jpg 2048w, https://www.hayberlawfirm.com/wp-content/uploads/2023/01/shutterstock_736306015-1568x1047.jpg 1568w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>
  70.  
  71.  
  72.  
  73. <p>Recently, a Home Depot cashier filed a <a href="https://www.classaction.org/news/class-action-alleges-home-depot-failed-to-pay-wages-for-off-the-clock-work">lawsuit in California</a> against the company for back wages. The worker alleges in her lawsuit that whenever employees worked a closing shift, they were required to clock out, then they had to wait at the front of the store for other employees to clock out, and then they had to wait until management armed the alarm system before they could leave.</p>
  74.  
  75.  
  76.  
  77. <p>The worker, in that case, alleges that she, and a class of Home Depot employees, are owed wages because they were subject to Home Depot’s control while off-the-clock after clocking out.</p>
  78.  
  79.  
  80.  
  81. <p>Connecticut and Massachusetts have similar laws that protect employees from employers who require them to stay on the premises after clocking out. In Connecticut and Massachusetts, employers must pay their workers for all time that the employer requires them to be on the premises. If you believe that your employer requires you to stay at work after you’ve clocked out, <a href="https://www.hayberlawfirm.com/contact-us/">contact our offices</a> and consult with one of our experienced lawyers today to see if you have a claim.&nbsp;</p>
  82. <p>The post <a href="https://www.hayberlawfirm.com/2023/01/27/home-depot-worker-sues-in-california-for-off-the-clock-closing-shift-work/">&lt;strong&gt;HOME DEPOT WORKER SUES IN CALIFORNIA FOR OFF-THE-CLOCK “CLOSING SHIFT” WORK&lt;/strong&gt;</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  83. ]]></content>
  84. </entry>
  85. <entry>
  86. <author>
  87. <name>Hayber, McKenna &#38; Dinsmore</name>
  88. <uri>https://www.hayberlawfirm.com</uri>
  89. </author>
  90.  
  91. <title type="html"><![CDATA[Wage and Hour Rights: Are Call Center Employees Entitled to Overtime Pay?]]></title>
  92. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/07/06/wage-and-hour-rights-are-call-center-employees-entitled-to-overtime-pay/" />
  93.  
  94. <id>https://www.hayberlawfirm.com/?p=21328</id>
  95. <updated>2022-07-06T02:00:10Z</updated>
  96. <published>2022-07-06T02:00:09Z</published>
  97. <category scheme="https://www.hayberlawfirm.com/blog/" term="Class Actions" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Employee Rights" />
  98. <summary type="html"><![CDATA[<p>The United States Bureau of Labor Statistics (BLS) reports that 2.9 million people are employed as customer service representatives nationwide.&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/07/06/wage-and-hour-rights-are-call-center-employees-entitled-to-overtime-pay/">Continue reading <span class="screen-reader-text">Wage and Hour Rights: Are Call Center Employees Entitled to Overtime Pay?</span></a></p>
  99. <p>The post <a href="https://www.hayberlawfirm.com/2022/07/06/wage-and-hour-rights-are-call-center-employees-entitled-to-overtime-pay/">Wage and Hour Rights: Are Call Center Employees Entitled to Overtime Pay?</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  100. ]]></summary>
  101.  
  102. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/07/06/wage-and-hour-rights-are-call-center-employees-entitled-to-overtime-pay/"><![CDATA[
  103. <p>The <a href="https://www.bls.gov/ooh/office-and-administrative-support/customer-service-representatives.htm">United States Bureau of Labor Statistics (BLS)</a> reports that 2.9 million people are employed as customer service representatives nationwide. A significant share of customer service representatives work in call centers or in similar circumstances. You may be wondering: <strong><em>Do I get overtime pay as a call center worker?</em></strong> The answer is generally ‘yes’—most call center workers are entitled to overtime pay. In this article, our <a href="https://www.hayberlawfirm.com/employee-rights/pending-class-actions/">Massachusetts &amp; Connecticut class action wage and hour lawyers</a> explain the key things that call center workers should know about overtime rights.&nbsp;</p>
  104.  
  105.  
  106.  
  107. <h2 class="wp-block-heading"><strong>The FLSA is the Primary Overtime Law for Massachusetts and Connecticut Workers</strong></h2>
  108.  
  109.  
  110.  
  111. <p>Call center workers in Massachusetts and Connecticut may be entitled to overtime pay under the federal <a href="https://www.dol.gov/agencies/whd/flsa">Fair Labor Standards Act (FLSA)</a>. The FLSA is a federal statute that guarantees time-and-a-half (1.5x) pay for non-exempt workers who work more than 40 hours in a week. The overwhelming majority of call center workers are entitled to overtime pay under the FLSA.&nbsp;</p>
  112.  
  113.  
  114.  
  115. <h2 class="wp-block-heading"><strong>How Do You Know If You are Entitled to Overtime Pay Under the FLSA?&nbsp;</strong></h2>
  116.  
  117.  
  118.  
  119. <p>A customer service representative or call center employee is entitled to overtime pay under the FLSA if they are classified as a non-exempt employee. It is important to understand that an employer does not get to decide who is exempt from overtime regulations. Instead, the employee’s actual pay and job duties will determine whether or not they are entitled to overtime wages. The FLSA duties test holds that an employee can only be deemed overtime exempt if:&nbsp;</p>
  120.  
  121.  
  122.  
  123. <ol><li>They are paid a salary instead of an hourly wage and earn a minimum of $684 per week (2022); and</li><li>They are an executive employee, administrative employee, learned professional, creative professional, computer employee, or involved in outside sales.&nbsp;</li></ol>
  124.  
  125.  
  126.  
  127. <p>Ultimately, a call center worker’s specific duties and responsibilities will determine whether or not they are exempt or non-exempt for the purposes of the FLSA’s overtime provision. That being said, call centers workers, in general, are non-exempt employees who are entitled to overtime pay.&nbsp;</p>
  128.  
  129.  
  130.  
  131. <h2 class="wp-block-heading"><strong>A Class Action Wage and Hour Claim May Be Warranted&nbsp;</strong></h2>
  132.  
  133.  
  134.  
  135. <p>When an employer violates the overtime rights of a call center worker, they often do so to the entire class of workers. In some cases, dozens or even hundreds of customer service representatives may be affected by the wage and hour violations. When a large number of employees have a fundamentally similar claim to an employer, they have the right to pursue class action wage and hour litigation. This can be the most effective way to get justice and full back pay for an overtime violation.&nbsp;&nbsp;</p>
  136.  
  137.  
  138.  
  139. <h2 class="wp-block-heading"><strong>Get Help From a Class Action Wage and Hour Lawyer&nbsp;</strong></h2>
  140.  
  141.  
  142.  
  143. <p>At Hayber, McKenna &amp; Dinsmore, LLC, our wage and hour attorneys have the professional skills and legal expertise to handle class action claims. If you or your loved one is a call center employee and you believe that you were unlawfully denied overtime pay, please <a href="https://www.hayberlawfirm.com/contact-us/">contact us</a> for strictly confidential consultation. We handle wage and hour claims throughout Connecticut and Massachusetts.&nbsp;</p>
  144. <p>The post <a href="https://www.hayberlawfirm.com/2022/07/06/wage-and-hour-rights-are-call-center-employees-entitled-to-overtime-pay/">Wage and Hour Rights: Are Call Center Employees Entitled to Overtime Pay?</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  145. ]]></content>
  146. </entry>
  147. <entry>
  148. <author>
  149. <name>Hayber, McKenna &#38; Dinsmore</name>
  150. <uri>https://www.hayberlawfirm.com</uri>
  151. </author>
  152.  
  153. <title type="html"><![CDATA[Class Action Lawsuit Filed on Behalf of Call Center Employees]]></title>
  154. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/07/06/class-action-lawsuit-filed-on-behalf-of-call-center-employees/" />
  155.  
  156. <id>https://www.hayberlawfirm.com/?p=21325</id>
  157. <updated>2022-07-06T01:56:11Z</updated>
  158. <published>2022-07-06T01:56:10Z</published>
  159. <category scheme="https://www.hayberlawfirm.com/blog/" term="Class Actions" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Employee Rights" />
  160. <summary type="html"><![CDATA[<p>According to a report from Law Street Media, a class action wage and hour lawsuit has been filed on behalf&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/07/06/class-action-lawsuit-filed-on-behalf-of-call-center-employees/">Continue reading <span class="screen-reader-text">Class Action Lawsuit Filed on Behalf of Call Center Employees</span></a></p>
  161. <p>The post <a href="https://www.hayberlawfirm.com/2022/07/06/class-action-lawsuit-filed-on-behalf-of-call-center-employees/">Class Action Lawsuit Filed on Behalf of Call Center Employees</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  162. ]]></summary>
  163.  
  164. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/07/06/class-action-lawsuit-filed-on-behalf-of-call-center-employees/"><![CDATA[
  165. <p>According to a report from <a href="https://lawstreetmedia.com/news/tech/mediacom-call-center-rep-brings-wage-and-hour-class-action/">Law Street Media</a>, a class action wage and hour lawsuit has been filed on behalf of customer service workers of Mediacom Communications Corporation. The complaint filed in the United States District Court of the Southern District of New York alleges that employees were unlawfully short-changed on their hours for necessary and required “pre-shift” duties. Here, our <a href="https://www.hayberlawfirm.com/employee-rights/pending-class-actions/">Massachusetts &amp; Connecticut class action wage and hour lawyers</a> provide an overview of the class action claim filed on behalf of workers at Mediacom Communications Corporation.&nbsp;</p>
  166.  
  167.  
  168.  
  169. <h2 class="wp-block-heading"><strong>Complaint: Call Center Workers Not Properly Paid for Required Pre-Shift Work</strong></h2>
  170.  
  171.  
  172.  
  173. <p>On June 21st, 2022, a representative class member filed a proposed class action wage and hour lawsuit on behalf of call center workers (<a href="https://www.docketalarm.com/cases/New_York_Southern_District_Court/1--22-cv-05183/Berry__v._Mediacom_Communications_Corporation/1/"><em>Elizabeth Berry v. Mediacom Communications Corporation</em></a>). The lawsuit was filed in New York State—though the named plaintiff worked at a branch office in Iowa. The claim states that hundreds of call center employees nationwide may be class members.&nbsp;</p>
  174.  
  175.  
  176.  
  177. <p>The employer (Mediacom Communications Corporation) is one of the largest cable television providers in the United States. The company operates large call centers, staffed with customer service representatives. The employees in these call centers are engaged in a number of different duties, including answering customer inquiries and helping with billing issues.&nbsp;</p>
  178.  
  179.  
  180.  
  181. <h2 class="wp-block-heading"><strong>Allegation: Off-the-Clock Work for “Boot Up” Time</strong></h2>
  182.  
  183.  
  184.  
  185. <p>The employees within the call center are hourly workers. They are paid an hourly rate instead of a salary. Under the Fair Labor Standards Act (FLSA), employers must properly record the working time of all hourly employees. The named plaintiff contends that call center employees at Mediacom Communications Corporation were regularly required to do “off-the-clock” work. Specifically, workers were not paid for “boot-up” time.&nbsp;</p>
  186.  
  187.  
  188.  
  189. <p>At the start of a shift, workers in the call center had to boot up their company and log into various software applications. The lawsuit states that the boot-up time at the Mediacom Communications Corporation took an average of ten minutes. Though, it could take longer than that if any technical issues arose. The lawsuit states that call center employees were not properly compensated for their boot-up time.&nbsp;</p>
  190.  
  191.  
  192.  
  193. <h2 class="wp-block-heading"><strong>Legal Argument: Violation of the FLSA (and Certain State Laws)&nbsp;</strong></h2>
  194.  
  195.  
  196.  
  197. <p>The class action wage and hour complaint contends that the employer violated the FLSA by failing to pay workers for their boot-up time. As stated in the claim, the employer should have allowed workers to clock-in before the boot-up worker started. The representative employee is seeking class action certification and financial compensation for wage and hour damages on behalf of herself and all similarly situated call centers employees.&nbsp;</p>
  198.  
  199.  
  200.  
  201. <h2 class="wp-block-heading"><strong>Contact our Class Action Wage and Hour Attorneys Today</strong></h2>
  202.  
  203.  
  204.  
  205. <p>At Hayber, McKenna &amp; Dinsmore, LLC, we are proud to be lawyers for workers. If you or your loved one is a call center employee and you believe that your legal rights were violated, our attorneys are here to help. Call us now or <a href="https://www.hayberlawfirm.com/contact-us/">contact us online</a> for a confidential case assessment. We provide class action representation to call centers employees throughout Massachusetts and Connecticut.&nbsp;</p>
  206. <p>The post <a href="https://www.hayberlawfirm.com/2022/07/06/class-action-lawsuit-filed-on-behalf-of-call-center-employees/">Class Action Lawsuit Filed on Behalf of Call Center Employees</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  207. ]]></content>
  208. </entry>
  209. <entry>
  210. <author>
  211. <name>Hayber, McKenna &#38; Dinsmore</name>
  212. <uri>https://www.hayberlawfirm.com</uri>
  213. </author>
  214.  
  215. <title type="html"><![CDATA[Wage and Hour Watch: DOL Recovers Back Pay, Liquidated Damages for Workers Denied Proper Overtime Pay]]></title>
  216. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/06/13/wage-and-hour-watch-dol-recovers-back-pay-liquidated-damages-for-workers-denied-proper-overtime-pay/" />
  217.  
  218. <id>https://www.hayberlawfirm.com/?p=21129</id>
  219. <updated>2022-06-13T22:54:06Z</updated>
  220. <published>2022-06-13T22:54:06Z</published>
  221. <category scheme="https://www.hayberlawfirm.com/blog/" term="Unpaid Overtime Wages" />
  222. <summary type="html"><![CDATA[<p>On June 2nd, 2022, the Department of Labor (DOL) announced the recovery of $283,000 in unpaid wages and liquidated damages&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/06/13/wage-and-hour-watch-dol-recovers-back-pay-liquidated-damages-for-workers-denied-proper-overtime-pay/">Continue reading <span class="screen-reader-text">Wage and Hour Watch: DOL Recovers Back Pay, Liquidated Damages for Workers Denied Proper Overtime Pay</span></a></p>
  223. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/wage-and-hour-watch-dol-recovers-back-pay-liquidated-damages-for-workers-denied-proper-overtime-pay/">Wage and Hour Watch: DOL Recovers Back Pay, Liquidated Damages for Workers Denied Proper Overtime Pay</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  224. ]]></summary>
  225.  
  226. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/06/13/wage-and-hour-watch-dol-recovers-back-pay-liquidated-damages-for-workers-denied-proper-overtime-pay/"><![CDATA[
  227. <p>On June 2nd, 2022, the <a href="https://www.dol.gov/newsroom/releases/whd/whd20220602">Department of Labor (DOL)</a> announced the recovery of $283,000 in unpaid wages and liquidated damages on behalf of nearly two dozen workers in northeast Massachusetts and southern New Hampshire. A federal court determined that a Salem, NH based landscaping company called Belko Landscaping LLC knowingly failed to pay workers the overtime wages that they were due under the Fair Labor Standards Act (FLSA). Here, our <a href="https://www.hayberlawfirm.com/employee-rights/massachusetts-wage-hour-law/">Western Massachusetts wage and hour lawyer</a> provides an overview of the enforcement action taken by the DOL.&nbsp;</p>
  228.  
  229.  
  230.  
  231. <p><strong>Allegations: Employer Denied Overtime Pay to at Least 19 Workers</strong></p>
  232.  
  233.  
  234.  
  235. <p>A federal court determined that Belko Landscaping LLC committed a wage and hour violation by denying proper overtime pay to at least 19 workers in northeastern Massachusetts and southern New Hampshire. The court found that the company simply paid these workers straight-time wages for their full hours, even when they worked beyond 40 hours in a given week.&nbsp;</p>
  236.  
  237.  
  238.  
  239. <p>The DOL reports that $141,510 was recovered as back wages for the affected workers. Additionally, the workers have also been granted an additional $141,510 in liquidated damages. Finally, the owner of the company was assessed a civil financial penalty of more than $14,000 for intentionally violating the FLSA.&nbsp;</p>
  240.  
  241.  
  242.  
  243. <p><strong>What to Know About Liquidated Damages Under the FLSA (Double Damages)&nbsp;</strong></p>
  244.  
  245.  
  246.  
  247. <p>The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay time-and-a-half to non-exempt employees that work more than 40 hours in a workweek. An employer cannot simply decide that an employee is “exempt” from the FLSA’s overtime provisions. There are strict DOL regulations in place to determine whether or not a worker qualifies as exempt or non-exempt.&nbsp;</p>
  248.  
  249.  
  250.  
  251. <p>An employer that violates FLSA&#8217;s overtime rule can be held legally liable. As a baseline, affected workers are entitled to back pay plus interest for the overtime wages that they should have been paid. In addition, the FLSA also authorizes employees to seek liquidated damages in the form of “double back pay” if their employer knowingly or recklessly failed to pay overtime.</p>
  252.  
  253.  
  254.  
  255. <p>Liquidated damages are not awarded in every unpaid overtime case. The FLSA holds that liquidated damages will not be imposed on an employer that commits a good faith violation. In that circumstance, an employer may only be liable for full back pay plus interest. However, if an employer intentionally violates the FLSA’s overtime law, the affected workers have the right to seek compensation for double the amount of pay that they were denied.</p>
  256.  
  257.  
  258.  
  259. <p><strong>Set Up a Confidential Consultation With a Massachusetts Wage and Hour Lawyer</strong></p>
  260.  
  261.  
  262.  
  263. <p>At Hayber, McKenna &amp; Dinsmore, LLC, our Massachusetts wage and hour attorneys fight tirelessly to protect the rights of workers. If you or your family member was denied overtime pay, we are ready to help. <a href="https://www.hayberlawfirm.com/contact-us/">Contact us</a> now to set up your confidential appointment. From our offices in Springfield and Northampton, we provide wage and hour representation throughout Western Massachusetts.&nbsp;</p>
  264. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/wage-and-hour-watch-dol-recovers-back-pay-liquidated-damages-for-workers-denied-proper-overtime-pay/">Wage and Hour Watch: DOL Recovers Back Pay, Liquidated Damages for Workers Denied Proper Overtime Pay</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  265. ]]></content>
  266. </entry>
  267. <entry>
  268. <author>
  269. <name>Hayber, McKenna &#38; Dinsmore</name>
  270. <uri>https://www.hayberlawfirm.com</uri>
  271. </author>
  272.  
  273. <title type="html"><![CDATA[An Overview of Whistleblower Rights]]></title>
  274. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/06/13/an-overview-of-whistleblower-rights%ef%bf%bc/" />
  275.  
  276. <id>https://www.hayberlawfirm.com/?p=21126</id>
  277. <updated>2022-06-13T22:47:03Z</updated>
  278. <published>2022-06-13T22:47:02Z</published>
  279. <category scheme="https://www.hayberlawfirm.com/blog/" term="Whistleblower Rights" />
  280. <summary type="html"><![CDATA[<p>The False Claims Act is a federal law that imposes liability on individuals and businesses that defraud a federal agency&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/06/13/an-overview-of-whistleblower-rights%ef%bf%bc/">Continue reading <span class="screen-reader-text">An Overview of Whistleblower Rights</span></a></p>
  281. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/an-overview-of-whistleblower-rights%ef%bf%bc/">An Overview of Whistleblower Rights</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  282. ]]></summary>
  283.  
  284. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/06/13/an-overview-of-whistleblower-rights%ef%bf%bc/"><![CDATA[
  285. <p>The <a href="https://www.justice.gov/civil/false-claims-act">False Claims Act</a> is a federal law that imposes liability on individuals and businesses that defraud a federal agency or federal government program. Most often, the law is used to stop fraud and other improper billing practices by federal contractors. The law provides strong and comprehensive whistleblower protections. Employees have the right to file a lawsuit under the False Claims Act without facing retribution from their employer. Here, our <a href="https://www.hayberlawfirm.com/wrongful-termination/whistleblowers/">Connecticut whistleblower lawyer</a> provides an overview of employee rights under the federal False Claims Act.&nbsp;</p>
  286.  
  287.  
  288.  
  289. <h2 class="wp-block-heading">The False Claims Act Empowers Whistleblowers to File a Qui Tam Lawsuit</h2>
  290.  
  291.  
  292.  
  293. <p>Federal contracting is notoriously complex. Federal agencies often lack the resources to detect improper billing practices. One of the most important things to know about the False Claims Act is that the statute allows individual whistleblowers to file a lawsuit to stop contractor fraud or billing fraud on behalf of the federal government. This type of lawsuit is known as a qui tam claim. In many cases, qui tam whistleblower claims are filed by current or former employees of the defendant.&nbsp;</p>
  294.  
  295.  
  296.  
  297. <h2 class="wp-block-heading">A Whistleblower May Be Entitled to an Award if a Qui Tam Claim is Successful.&nbsp;</h2>
  298.  
  299.  
  300.  
  301. <p>To incentivize whistleblowers to take action to help stop fraud, the False Claims Act allows for a whistleblower award worth a portion of the actual financial recovery on behalf of taxpayers. If the federal government decides to intervene and take over a qui tam lawsuit, the whistleblower(s) may receive an award worth between 15 percent and 25 percent of the ultimate recovery. If the federal government never intervenes, the False Claim Act award may be between 25 percent and 30 percent of the ultimate recovery. There is no statutory “cap” on whistleblower awards under the False Claims Act. Six, seven, and even eight figure whistleblower awards have been issued.</p>
  302.  
  303.  
  304.  
  305. <h2 class="wp-block-heading">Employers Cannot Retaliate Against a False Claims Act Whistleblower</h2>
  306.  
  307.  
  308.  
  309. <p>The False Claims Act also provides strong legal protections to employees who voluntarily come forward and file a qui tam lawsuit to try to stop fraud. Employers are strictly prohibited from taking an adverse action against an employer who exercises their rights under the False Claims Act.&nbsp;</p>
  310.  
  311.  
  312.  
  313. <p>You cannot be fired, suspended, demoted, harassed, or otherwise punished for filing a qui tam lawsuit or for supporting another employee’s qui tam claim. As a whistleblower, you are protected against retaliation by an employer.&nbsp;</p>
  314.  
  315.  
  316.  
  317. <p>If you faced unlawful retaliation after filing a qui tam lawsuit—or otherwise engaged in a protected activity under the federal False Claims Act—you have the right to bring a wrongful retaliation claim directly against your employer. A whistleblower protection attorney can help.&nbsp;</p>
  318.  
  319.  
  320.  
  321. <h2 class="wp-block-heading">Call Our Connecticut and Massachusetts Whistleblower Protection Lawyer Today</h2>
  322.  
  323.  
  324.  
  325. <p><br>At Hayber, McKenna &amp; Dinsmore, LLC, we are justice-driven advocates for employees. With deep experience handling whistleblower claims, our attorneys help workers navigate the False Claims Act. Call us at (413) 785-1400 or <a href="https://www.hayberlawfirm.com/contact-us/">contact us online</a> to arrange your confidential initial consultation. We provide whistleblower representation to employees in Connecticut and Massachusetts.</p>
  326. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/an-overview-of-whistleblower-rights%ef%bf%bc/">An Overview of Whistleblower Rights</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  327. ]]></content>
  328. </entry>
  329. <entry>
  330. <author>
  331. <name>Hayber, McKenna &#38; Dinsmore</name>
  332. <uri>https://www.hayberlawfirm.com</uri>
  333. </author>
  334.  
  335. <title type="html"><![CDATA[What Damages Can Be Recovered in a Workplace Sexual Harassment Claim in Massachusetts?]]></title>
  336. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/06/13/what-damages-can-be-recovered-in-a-workplace-sexual-harassment-claim-in-massachusetts/" />
  337.  
  338. <id>https://www.hayberlawfirm.com/?p=21123</id>
  339. <updated>2022-06-13T21:45:24Z</updated>
  340. <published>2022-06-13T21:45:23Z</published>
  341. <category scheme="https://www.hayberlawfirm.com/blog/" term="Sexual Harassment" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Workplace Harassment" />
  342. <summary type="html"><![CDATA[<p>Sexual harassment remains a serious problem. According to the National Sexual Violence Resource Center (NSVRC), 38 percent of women and&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/06/13/what-damages-can-be-recovered-in-a-workplace-sexual-harassment-claim-in-massachusetts/">Continue reading <span class="screen-reader-text">What Damages Can Be Recovered in a Workplace Sexual Harassment Claim in Massachusetts?</span></a></p>
  343. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/what-damages-can-be-recovered-in-a-workplace-sexual-harassment-claim-in-massachusetts/">What Damages Can Be Recovered in a Workplace Sexual Harassment Claim in Massachusetts?</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  344. ]]></summary>
  345.  
  346. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/06/13/what-damages-can-be-recovered-in-a-workplace-sexual-harassment-claim-in-massachusetts/"><![CDATA[
  347. <p>Sexual harassment remains a serious problem. According to the <a href="https://www.nsvrc.org/ending-sexual-assault-and-harassment-workplace">National Sexual Violence Resource Center (NSVRC)</a>, 38 percent of women and 14 percent of men report that they have endured sexual harassment on the job. Employees are protected against sexual harassment under Massachusetts law (<a href="https://www.mass.gov/lists/mass-general-laws-c151b">Mass. General Laws c.151B</a>) and federal law (<a href="https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,Rights%20Act%20of%201991%20(Pub.">Title VII of the Civil Rights Act of 1964</a>)&nbsp;</p>
  348.  
  349.  
  350.  
  351. <p>This raises an important question: <strong><em>What employment law remedies are available to sexual harassment victims?</em></strong> In this article, our <a href="https://www.hayberlawfirm.com/employee-rights/massachusetts-sexual-harassment-attorney/">Springfield workplace sexual harassment attorney</a> answers the question by providing a comprehensive a overview of the damages that can be recovered in a sexual harassment claim in Massachusetts.&nbsp;</p>
  352.  
  353.  
  354.  
  355. <h2 class="wp-block-heading">Understanding the Remedies for Sexual Harassment in Massachusetts</h2>
  356.  
  357.  
  358.  
  359. <p><strong><em>Lost Wages and Loss of Benefits</em></strong></p>
  360.  
  361.  
  362.  
  363. <p>Lost wages and loss of benefits can be recovered as damages in a workplace sexual harassment claim in Massachusetts. If you were wrongfully terminated because you complained about sexual harassment or if you were forced to quit or resign from your position because you could no longer endure sexual harassment, you may be entitled to compensation for lost wages and loss of benefits.&nbsp;</p>
  364.  
  365.  
  366.  
  367. <p><strong><em>Emotional Distress</em></strong></p>
  368.  
  369.  
  370.  
  371. <p>Sexual harassment can cause severe emotional and psychological harm to the victim. As part of a workplace sexual harassment claim under state law or federal law, the victim has the right to seek compensation for the emotional distress that they endured.&nbsp;</p>
  372.  
  373.  
  374.  
  375. <p><strong><em>Attorneys’ Fees and Legal Costs</em></strong></p>
  376.  
  377.  
  378.  
  379. <p>An employee who hires an employment law attorney to help them pursue justice in a sexual harassment case has the right to seek financial relief for those expenses. A sexual harassment claim can include financial compensation for reasonable attorneys’ fees and other legal costs.&nbsp;</p>
  380.  
  381.  
  382.  
  383. <p><strong><em>Injunctive Relief</em></strong></p>
  384.  
  385.  
  386.  
  387. <p>Injunctive relief is a type of non-economic remedy. In effect, injunctive relief is a court order that requires a party to do (or refrain from doing) a certain action. For example, a form of injunctive relief in a sexual harassment lawsuit could be the reinstatement of an employee who was terminated after complaining about sexual harassment. Alternatively, it could be a court order for an employer to revise its sexual harassment policies to ensure compliance with the law.</p>
  388.  
  389.  
  390.  
  391. <p><strong><em>Punitive Damages</em></strong></p>
  392.  
  393.  
  394.  
  395. <p>Finally, in some limited workplace sexual harassment cases, the victim may be entitled to recover punitive damages. Broadly defined, punitive damages are a form of “penalty” damages that are designed to punish the exceptionally poor conduct of the defendant. They are still awarded to the victim. In workplace sexual harassment cases, punitive damages may be granted if the employer’s conduct is deemed especially “malicious.” The Massachusetts Commission Against Discrimination (MCAD) cannot assess a penalty of punitive damages, but they may be awarded in a court case.&nbsp;</p>
  396.  
  397.  
  398.  
  399. <h2 class="wp-block-heading">Get Help From a Sexual Harassment Lawyer in Western Massachusetts.&nbsp;</h2>
  400.  
  401.  
  402.  
  403. <p>At Hayber, McKenna &amp; Dinsmore, LLC, our Massachusetts sexual harassment attorneys are compassionate, justice-focused advocates for workers. If you or your loved one was subject to sexual harassment on the job, we are here to help you recover the maximum available damages. <a href="https://www.hayberlawfirm.com/contact-us/">Contact us</a> now to set up your strictly private consultation with an employment lawyer. From our legal offices in Springfield and Northampton, we advocate for employees throughout Western Massachusetts. </p>
  404. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/what-damages-can-be-recovered-in-a-workplace-sexual-harassment-claim-in-massachusetts/">What Damages Can Be Recovered in a Workplace Sexual Harassment Claim in Massachusetts?</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  405. ]]></content>
  406. </entry>
  407. <entry>
  408. <author>
  409. <name>Hayber, McKenna &#38; Dinsmore</name>
  410. <uri>https://www.hayberlawfirm.com</uri>
  411. </author>
  412.  
  413. <title type="html"><![CDATA[Can You Be Fired for No Reason At All in Connecticut?]]></title>
  414. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/06/13/can-you-be-fired-for-no-reason-at-all-in-connecticut/" />
  415.  
  416. <id>https://www.hayberlawfirm.com/?p=21120</id>
  417. <updated>2022-06-13T21:40:27Z</updated>
  418. <published>2022-06-13T21:40:25Z</published>
  419. <category scheme="https://www.hayberlawfirm.com/blog/" term="Employee Rights" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Unemployment" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Wrongful Termination" />
  420. <summary type="html"><![CDATA[<p>There are few things more stressful than unexpectedly losing a job. A termination can put a serious financial strain on&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/06/13/can-you-be-fired-for-no-reason-at-all-in-connecticut/">Continue reading <span class="screen-reader-text">Can You Be Fired for No Reason At All in Connecticut?</span></a></p>
  421. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/can-you-be-fired-for-no-reason-at-all-in-connecticut/">Can You Be Fired for No Reason At All in Connecticut?</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  422. ]]></summary>
  423.  
  424. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/06/13/can-you-be-fired-for-no-reason-at-all-in-connecticut/"><![CDATA[
  425. <p>There are few things more stressful than unexpectedly losing a job. A termination can put a serious financial strain on an employee and their family. Employers should not make firing decisions lightly. With this in mind, you may be wondering: <strong><em>Can an employer in Connecticut fire you for no reason? </em></strong>Technically, the answer is &#8220;yes&#8221;—but an employer cannot fire you for an illegal reason. In this blog post, our wrongful termination attorney explains the most important things to know about your rights if you were fired in Connecticut.&nbsp;</p>
  426.  
  427.  
  428.  
  429. <h2 class="wp-block-heading"><strong>Background: Connecticut is an At-Will Employment State</strong></h2>
  430.  
  431.  
  432.  
  433. <p>Connecticut operates under an at-will employment standard. Unless there is a contract stating otherwise, the relationship between an employer and employee is presumed to be fully voluntary, without a defined duration. The <a href="https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx">National Conference of State Legislatures (NCSL)</a> describes at-will employment as a legal standard that allows a business or organization to “<strong><em>terminate an employee at any time for any reason, except an illegal one.</em></strong>”</p>
  434.  
  435.  
  436.  
  437. <h2 class="wp-block-heading"><strong>Federal and State Laws Prevent Illegal Terminations in Connecticut.&nbsp;</strong></h2>
  438.  
  439.  
  440.  
  441. <p>While Connecticut’s at-will employment standard gives employers considerable authority to fire workers, there are important laws in place that protect the rights of employees. An employer in Connecticut cannot fire a worker for an illegal reason. An illegal firing (wrongful termination) is one that violates a federal or state statute. Some examples of wrongful termination include:&nbsp;</p>
  442.  
  443.  
  444.  
  445. <ul><li>Discrimination:</li><li>Retaliation; and</li><li>Breach of employment contract&nbsp;</li></ul>
  446.  
  447.  
  448.  
  449. <h2 class="wp-block-heading"><strong>Three Steps to Take If You Suspect You Were Fired Illegally&nbsp;</strong></h2>
  450.  
  451.  
  452.  
  453. <p>For workers, wrongful termination claims can be challenging. Although there are some exceptions, employers in Connecticut are broadly aware of the law. They typically do not outright admit that they are firing a worker for an illegal reason. Instead, an employer that wrongfully fires a worker is far more likely to construct pretextual (false) reasoning to justify the termination. Here are three steps to take if you believe that you were wrongfully fired in Connecticut:&nbsp;</p>
  454.  
  455.  
  456.  
  457. <ul><li><strong>Save Everything:</strong> Document as much as possible. Write down exactly what happened, what you were told, and preserve any relevant evidence that suggests the termination was illegal. </li><li><strong>Be Proactive: </strong>Do not wait too long to initiate the legal claims process. There are strict statutory deadlines for wrongful termination cases in Connecticut. </li><li><strong>Contact an Attorney: </strong>An experienced Connecticut wrongful termination attorney will be able to review your case, answer questions, and help you determine the best way to get justice. </li></ul>
  458.  
  459.  
  460.  
  461. <h2 class="wp-block-heading"><strong>Set Up a Confidential Consultation With a Connecticut Wrongful Termination Lawyer</strong></h2>
  462.  
  463.  
  464.  
  465. <p>At Hayber, McKenna &amp; Dinsmore, LLC, our Connecticut wrongful termination attorneys are skilled, effective employee rights advocates. If you or your family member was fired for an illegal reason, we can help. <a href="https://www.hayberlawfirm.com/contact-us/">Contact us online</a> to set up your private consultation. We serve clients in Connecticut and <a href="https://www.hayberlawfirm.com/massachusetts-wrongful-termination-attorney/">Massachusetts</a>.</p>
  466. <p>The post <a href="https://www.hayberlawfirm.com/2022/06/13/can-you-be-fired-for-no-reason-at-all-in-connecticut/">Can You Be Fired for No Reason At All in Connecticut?</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  467. ]]></content>
  468. </entry>
  469. <entry>
  470. <author>
  471. <name>Hayber, McKenna &#38; Dinsmore</name>
  472. <uri>https://www.hayberlawfirm.com</uri>
  473. </author>
  474.  
  475. <title type="html"><![CDATA[When Does Workplace Harassment Violate the Law in Massachusetts? ]]></title>
  476. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/05/11/when-does-workplace-harassment-violate-the-law-in-massachusetts/" />
  477.  
  478. <id>https://www.hayberlawfirm.com/?p=20796</id>
  479. <updated>2022-05-11T00:45:34Z</updated>
  480. <published>2022-05-11T00:45:08Z</published>
  481. <category scheme="https://www.hayberlawfirm.com/blog/" term="Workplace Harassment" />
  482. <summary type="html"><![CDATA[<p>Employees should be able to enjoy safe, fair conditions in the workplace. They should not be made to feel unsafe,&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/05/11/when-does-workplace-harassment-violate-the-law-in-massachusetts/">Continue reading <span class="screen-reader-text">When Does Workplace Harassment Violate the Law in Massachusetts? </span></a></p>
  483. <p>The post <a href="https://www.hayberlawfirm.com/2022/05/11/when-does-workplace-harassment-violate-the-law-in-massachusetts/">When Does Workplace Harassment Violate the Law in Massachusetts? </a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  484. ]]></summary>
  485.  
  486. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/05/11/when-does-workplace-harassment-violate-the-law-in-massachusetts/"><![CDATA[
  487. <p></p>
  488.  
  489.  
  490.  
  491. <p>Employees should be able to enjoy safe, fair conditions in the workplace. They should not be made to feel unsafe, unwelcome, or uncomfortable because of harassment by a supervisor, co-worker, or any other party. Workplace harassment can constitute employment discrimination under <a href="https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,religion%2C%20sex%20and%20national%20origin.">Title VII of the Civil Rights Act</a> or the <a href="https://www.mass.gov/doc/fair-employment-poster/download">Massachusetts Fair Employment Practices Act (FEPA)</a>.&nbsp;</p>
  492.  
  493.  
  494.  
  495. <p>You may be wondering: <strong><em>When does mistreatment become illegal workplace harassment? </em></strong>The short answer is that harassment is unlawful when it is based on a protected characteristic and is so severe or pervasive that it would make a reasonable person feel abused. Here, our <a href="https://www.hayberlawfirm.com/employee-rights/workplace-harassment/">Massachusetts workplace harassment attorney</a> provides a more comprehensive guide to workplace harassment.&nbsp;&nbsp;</p>
  496.  
  497.  
  498.  
  499. <h3 class="wp-block-heading">Three Things an Employee Must Prove in a Workplace Harassment Claim</h3>
  500.  
  501.  
  502.  
  503. <p>In order to bring an employment law claim for workplace harassment, an employee must meet all of the elements set forth under Title VII of the Civil Rights Act and/or the Massachusetts Fair Employment Practices Act. Workplace harassment is unlawful if the following three things are true:&nbsp;</p>
  504.  
  505.  
  506.  
  507. <ol><li><strong>Protected Characteristic: </strong>Workplace harassment violates the law if it is based on a protected characteristic. Some notable examples include race, color, national origin, sex, gender, sexual orientation, pregnancy status, and disability status.&nbsp;</li><li><strong>Subjectively Abusive: </strong>For workplace harassment to occur, you must have actually felt subjectively abused or mistreated by the conduct. Your view of the situation matters.&nbsp;</li><li><strong>Objectively Severe or Pervasive: </strong>Finally, there is also an “objective” standard. Workplace harassment is only unlawful if the conduct in question is so severe or so pervasive that it would make an ordinary and reasonable person feel abused.&nbsp;</li></ol>
  508.  
  509.  
  510.  
  511. <h3 class="wp-block-heading">How to Determine if Workplace Harassment is ‘Severe or Pervasive’</h3>
  512.  
  513.  
  514.  
  515. <p>One of the primary challenges of workplace harassment claims is determining what constitutes “severe harassment” and/or “pervasive harassment.” It is a case-by-case issue. A number of different factors will be assessed, including:&nbsp;</p>
  516.  
  517.  
  518.  
  519. <ul><li>What happened and what was said or done about it;&nbsp;</li><li>How often the offending conduct occurred;&nbsp;</li><li>Whether there was any interference with work performance;&nbsp;</li><li>Whether an employee was humiliated or embarrassed in front of others;&nbsp;</li><li>The effect on the worker’s psychological health and emotional well-being; and</li><li>Any other deemed to be relevant in determining the severity of harassment.&nbsp;</li></ul>
  520.  
  521.  
  522.  
  523. <p>Workplace harassment claims are complex. Ultimately, the specific circumstances of the case always matter. An experienced Massachusetts employee rights attorney will review your case, explain your rights, and help you determine the proper course of action.</p>
  524.  
  525.  
  526.  
  527. <h2 class="wp-block-heading">Get Help From a Massachusetts Workplace Harassment Lawyer Today</h2>
  528.  
  529.  
  530.  
  531. <p>At Hayber, McKenna &amp; Dinsmore, LLC, our Massachusetts workplace harassment attorneys have the legal skill that you can count on. If you or someone you care about was forced to endure illegal harassment on the job, we are here to help you get justice. Give us a call now or <a href="https://www.hayberlawfirm.com/contact-us/">connect with us online</a> to set up your strictly private initial case evaluation. From our law offices in Springfield and Northampton, we represent workers in harassment claims throughout Western Massachusetts.&nbsp;</p>
  532. <p>The post <a href="https://www.hayberlawfirm.com/2022/05/11/when-does-workplace-harassment-violate-the-law-in-massachusetts/">When Does Workplace Harassment Violate the Law in Massachusetts? </a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  533. ]]></content>
  534. </entry>
  535. <entry>
  536. <author>
  537. <name>Hayber, McKenna &#38; Dinsmore</name>
  538. <uri>https://www.hayberlawfirm.com</uri>
  539. </author>
  540.  
  541. <title type="html"><![CDATA[EEOC Releases Comprehensive Report on Sexual Harassment in the Workplace]]></title>
  542. <link rel="alternate" type="text/html" href="https://www.hayberlawfirm.com/2022/05/11/eeoc-releases-comprehensive-report-on-sexual-harassment-in-the-workplace/" />
  543.  
  544. <id>https://www.hayberlawfirm.com/?p=20793</id>
  545. <updated>2022-05-11T00:37:28Z</updated>
  546. <published>2022-05-11T00:37:26Z</published>
  547. <category scheme="https://www.hayberlawfirm.com/blog/" term="Employee Rights" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Sexual Harassment" /><category scheme="https://www.hayberlawfirm.com/blog/" term="Workplace Harassment" />
  548. <summary type="html"><![CDATA[<p>April was National Sexual Assault Awareness and Prevention Month. Sexual assault and sexual harassment remain serious problems in Connecticut, Massachusetts,&#8230; <a class="more-link" href="https://www.hayberlawfirm.com/2022/05/11/eeoc-releases-comprehensive-report-on-sexual-harassment-in-the-workplace/">Continue reading <span class="screen-reader-text">EEOC Releases Comprehensive Report on Sexual Harassment in the Workplace</span></a></p>
  549. <p>The post <a href="https://www.hayberlawfirm.com/2022/05/11/eeoc-releases-comprehensive-report-on-sexual-harassment-in-the-workplace/">EEOC Releases Comprehensive Report on Sexual Harassment in the Workplace</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  550. ]]></summary>
  551.  
  552. <content type="html" xml:base="https://www.hayberlawfirm.com/2022/05/11/eeoc-releases-comprehensive-report-on-sexual-harassment-in-the-workplace/"><![CDATA[
  553. <p>April was National Sexual Assault Awareness and Prevention Month. Sexual assault and sexual harassment remain serious problems in Connecticut, Massachusetts, and throughout the United States—including in our nation’s workplace. As part of its awareness campaign, the Equal Employment Opportunity Commission (EEOC) released a comprehensive report called <a href="https://www.eeoc.gov/sexual-harassment-our-nations-workplaces"><em>Sexual Harassment in Our Nation’s Workplaces</em></a>. Here, our <a href="https://www.hayberlawfirm.com/employee-rights/workplace-harassment/sexual-harassment/">Connecticut sexual harassment lawyers</a> highlight some of the key findings from the EEOC’s report on sexual harassment in the workplace.&nbsp;</p>
  554.  
  555.  
  556.  
  557. <h3 class="wp-block-heading"><strong>More than 27,000 Federal Sexual Harassment Complaints Have Been Filed Since 2018</strong></h3>
  558.  
  559.  
  560.  
  561. <p>The EEOC reports that it received 27,291 charges alleging sexual harassment in the workplace from 2018 to 2021. Though, more sexual harassment charges were levied only at the state level. There was a moderate decline in the number of sexual harassment charges in 2020 and 2021 compared to 2018 and 2019. The reason for this is unknown. One theory is that the increase in remote work during the COVID-19 pandemic (temporarily) reduced sexual harassment.&nbsp;</p>
  562.  
  563.  
  564.  
  565. <h3 class="wp-block-heading"><strong>Most Sexual Harassment Charges are Filed By Women—But Men are Also Victims</strong></h3>
  566.  
  567.  
  568.  
  569. <p>The data is clear: Women are disproportionately affected by sexual harassment in the workplace. The EEOC estimates that 78 percent of sexual harassment complaints are filed by women. That being said, men can be (and are) the victims of job-related sexual harassment. One in five federal sector workplace sexual harassment complaints filed between 2018 and 2021 were initiated by male employees.&nbsp;</p>
  570.  
  571.  
  572.  
  573. <h3 class="wp-block-heading"><strong>Workers Often Report Retaliation for Complaining About Sexual Harassment</strong></h3>
  574.  
  575.  
  576.  
  577. <p>According to the EEOC, 40 percent of employees who file a formal sexual harassment complaint also file a concurrent unlawful retaliation claim. Retaliation occurs when a supervisor or employee takes adverse action against an employee because that employee exercised their rights. It is unlawful. An employer cannot suspend, demote, terminate, or otherwise punish an employee because that employee complained about or reported sexual harassment. Of the workers who filed both a sexual harassment complaint and a retaliation claim, 48 percent allege that they were fired for reporting sexual harassment.&nbsp;</p>
  578.  
  579.  
  580.  
  581. <h3 class="wp-block-heading"><strong>The Data Does Not Tell the Full Story: Sexual Harassment is Underreported</strong></h3>
  582.  
  583.  
  584.  
  585. <p>Unfortunately, the data released by the EEOC—as alarming as it is—does not tell the full story. Studies have consistently found that sexual harassment is chronically underreported. One <a href="https://www.researchgate.net/publication/242457845_Sexual_Harassment_in_Organizations_A_Decade_of_Research_in_Review">study</a> even found that 90 percent of people who experience sexual harassment in the workplace never formally report the issue. There are many reasons for this, including the factor that many employees fear retaliation from their employer. Remember, retaliation is illegal. You can hold an employer legally liable for retaliating against you for filing a workplace harassment complaint.&nbsp;</p>
  586.  
  587.  
  588.  
  589. <h3 class="wp-block-heading"><strong>Schedule a Confidential Consultation With a Connecticut Sexual Harassment Attorney</strong></h3>
  590.  
  591.  
  592.  
  593. <p>At Hayber, McKenna &amp; Dinsmore, LLC, our Connecticut sexual harassment lawyer provides proactive, justice-driven legal representation to employees. If you or your loved one was subject to unlawful sexual harassment in the workplace, we are here to help. Give us a call now or <a href="https://www.hayberlawfirm.com/contact-us/">contact us</a> to arrange a completely confidential initial consultation. From our Hartford office and our New Haven office, we are well-situated to represent employees throughout Connecticut.&nbsp;</p>
  594. <p>The post <a href="https://www.hayberlawfirm.com/2022/05/11/eeoc-releases-comprehensive-report-on-sexual-harassment-in-the-workplace/">EEOC Releases Comprehensive Report on Sexual Harassment in the Workplace</a> appeared first on <a href="https://www.hayberlawfirm.com">Hayber, McKenna &amp; Dinsmore</a>.</p>
  595. ]]></content>
  596. </entry>
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