northampton wage & hour complaints filed with ag's office
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T H E
COMMONWEALTH
OF MASSACHUSETTS
OFFICE
OF
THE
ATTORNEY
GE NE RAL
O
NE ASHBURTON
PLACE
BOSTON M
ASSACHUSETTS
21 8
MAURA
HEALEY TEL: (617) 727-22
ATTORNEY
GENERAL
mvxv mass gov/ago
April 25, 2016
VIA
E MAIL
ONLY
Amanda Drane
Staff Writer
Daily Hampshire Gazette
adrane@,gazettenet.com
Re: Your Public
Records
Request
Dear
Ms.
Drane:
This letter
is
in further
response
to
your
March 24,
2016
public records request made
pursuant
to
the
Massachusetts Public Records Law,
G.L.
c. 66, § 10.
You
requested
copies of
records
held
by
the Office of
the Attorney General
(AGO), specifically
all
wage and hour complaints
lodged
against
Northampton
restaurants and resolved between January 1,
2014
and today.
Enclosed please find eighty-three (83) pages of records that may be responsive
to
your request
and are subject to disclosure under the public records law, G.L. c. 66, § 10 and G.L. c.
4,
§ 7,
cl. 26.
1
Some of the records have been redacted in accordance with G.L. c. 4, § 7, cl. 26(c)
insofar as they contain information relating to a specifically named individual, the disclosure
of
which may
constitute
an
unwarranted
invasion
of personal privacy.
The public records law permits
a
custodian of public records to charge
a
requester
for
the
expense of searching
for,
retrieving, and segregating responsive records. See G.L.
c.
66,
§
10;
950 CMR 32.06 (l)(c) and
(4).
Please note that the
time
expenditure to search for, segregate,
and review the
records
thus far has
been
8.5
hours. t is the AGO practice, however, to provide
the
first
4.00 hours
of labor to the requester at
no
cost.
The
estimated
cost for
responding to
this
request,
therefore, is
$112.50, which represents a charge
for
4.5
hours
to search
for,
segregate,
and review the
records at the rate of
$25.00
per hour.
In
this instance, we have decided to waive
these
fees,
but please be advised that we may provide you with
a
cost
estimate for any future
efforts required by requests relating to these complaints.
1
Please note that
in
some instances
we
have provided
you
with additional records sent to us by
complainants associated with their complaints.
Where
immediately available we have also included
letters describing
the resolution
of the
matter.
s
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8/15/2019 Northampton wage & hour complaints filed with AG's office
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Amanda
Drane
April 25
2016
page 2
If you
wish
to
challenge this
response, you may appeal to the Supervisor
of
Records following
the
procedure set
forth
in 950 CMR 32.08,
a
copy of which is enclosed.
Very truly yours.
Lorraine A .
LF
I
arrow
Assistant Attorney General
General Counsel's Office
enclosures
cc: Emalie
Gainey, Senior Deputy
Press
Secretary
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32.08: Appeals , 950 MA ADC 32.08
Code of Massachusetts Regulations
Title 950: Office of the Secretary of the Commonwealth
Chapter 32.00: Public Records Access (Refs & Annos)
950 CMR 32.0832.08: Appeals
(1) Denial by Custodian. Where a custodian’s response to a record request made pursuant to 950 CMR 32.05(3) is that any record or
portion of it is not public, the custodian, within ten days of the request for access, shall in writing set forth the reasons for such denial.
The denial shall specifically include the exemption or exemptions in the definition of public records upon which the denial is based.
When exemption (a) of M.G.L. c. 4, § 7, clause Twenty-sixth is relied upon the custodian shall cite the operational statute(s). Failure
to make a written response within ten days to any request for access shall be deemed a denial of the request. The custodian shall
advise the person denied access of his or her remedies under 950 CMR 32.00 and M.G.L. c. 66, § 10(b).
(2) Appeal to the Supervisor. In the event that a person requesting any record in the custody of a governmental entity is denied access,
or in the event that there has not been compliance with any provision of 950 CMR 32.00, the requester may appeal to the Supervisor
within 90 days. Such appeal shall be in writing, and shall include a copy of the letter by which the request was made and, if available,a copy of the letter by which the custodian responded. The Supervisor shall accept an appeal only from a person who had made his or
her record request in writing. An oral request, while valid as a public record request pursuant to 950 CMR 32.05(3), may not be the
basis of an appeal under 950 CMR 32.08.
It shall be within the discretion of the Supervisor whether to open an appeal concerning a request for public records.
The Supervisor may decline to accept an appeal from a requester where the public records in question are the subjects of disputes in
active litigation, administrative hearings or mediation.
The Supervisor may decline to accept an appeal from a requester if, in the opinion of the Supervisor, the request is designed or
intended to harass, intimidate or assist in the commission of a crime.
The Supervisor may decline to accept an appeal from a requester if, in the opinion of the Supervisor, the public records request imade solely for a commercial purpose.
Appeals in which there has been no communication from the requester for six months may be closed at the discretion of the
Supervisor
(3) Disposition of Appeals. The Supervisor shall, within a reasonable time, investigate the circumstances giving rise to an appeal and
render a written decision to the parties stating therein the reason or reasons for such decision.
(4) Presumption. In all proceedings pursuant to 950 CMR 32.00, there shall be a presumption that the record sought is public
(5) Hearings. The Supervisor may conduct a hearing pursuant to the provisions of 801 CMR 1.00. Said rules shall govern the conduc
and procedure of all hearings conducted pursuant to 950 CMR 32.08. Nothing in 950 CMR 32.08 shall limit the Supervisor from
employing any administrative means available to resolve summarily any appeal arising under 950 CMR 32.00.
© 2015 Thomson Reuters. No claim to original U.S. Government Works. 1
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32.08: Appeals , 950 MA ADC 32.08
(6) In-camera Inspections and Submissions of Data. The Supervisor may require an inspection of the requested record(s) in camer
during any investigation or any proceeding initiated pursuant to 950 CMR 32.08. The Supervisor may require the custodian to produce
other records and information necessary to reach a determination pursuant to 950 CMR 32.08.
The Supervisor does not maintain custody of documents received from a custodian pursuant to an order by this office to submi
records for an in-camera review. The documents submitted for an in-camera review do not fall within the definition of public records
See M.G.L. c. 66, § 10(a) (2002 ed.).
Any public record request made to this office for records being reviewed in-camera would necessarily be denied as the office woul
not be the custodian of those records. See 950 CMR 32.03 (defining “custodian” as the government employee who in the norma
course of his duties has access to or control over records).
Upon a determination of the public record status of the documents, they are promptly returned to the custodian.
(7) Custodial Indexing of Records. The Supervisor may require a custodian to compile an index of the requested records where
numerous records or a lengthy record have been requested. Said index shall meet the following requirements:
(a) the index shall be contained in one document, complete in itself;
(b) the index must adequately describe each withheld record or deletion from a released record;
(c) the index must state the exemption or exemptions claimed for each withheld record or each deletion of a record; and,
(d) the descriptions of the withheld material and the exemption or exemptions claimed for the withheld material must be
sufficiently specific to permit the Supervisor to make a reasoned judgment as to whether the material is exempt. Nothing in 95
CMR 32.08 shall preclude the Supervisor from employing alternative or supplemental procedures to meet the particular
circumstances of each appeal.
(8) Conferences. At any time during the course of any investigation or any proceeding, to the extent practicable, where time, the
nature of the investigation or proceeding and the public interest permit, the Supervisor, may order conferences for the purpose oclarifying and simplifying issues and otherwise facilitating or expediting the investigation or proceeding.
The Supervisor does not maintain custody of documents received from a custodian pursuant to an order by this office to submi
records for an in-camera review. The documents submitted for an in-camera review do not fall within the definition of public records
See M.G.L. c. 66, § 10(a) (2002 ed.).
Any public record request made to this office for records being reviewed in-camera would necessarily be denied as the office woul
not be the custodian of those records. See 950 CMR 32.03 (defining “custodian” as the government employee who in the norma
course of his duties has access to or control over records).
Upon a determination of the public record status of the documents, they are promptly returned to the custodian.
Currency of the Update: October 23, 2015
Mass. Regs. Code tit. 950, § 32.08, 950 MA ADC 32.08
End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.
© 2015 Thomson Reuters. No claim to original U.S. Government Works. 2
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Non-Payment
of
Wage and Workplace
Complaint
Form
Office of the Attorney
Employee Information
Name:
••I
Employer Information
Company Name: 40 Green Street/Lunch
Address: 4
Green Street
City: Northampton
Phone: 413-320-5043
Other Business Name: Tryon Common
Owner s
Name:
Jim Laing
Address:
City:
Fair Labor Division
One Ashburton Place
Boston,
MA 02108
State:
MA
Ext:
State:
Zip: 01060
Zip:
Phone: 413-320-5043
License Plate:
Manager s Name:
Employment
Information
Start
Date: /2014
Type
of
Work:
Manager
Currently Employed:
Signed Contract:
NO
Assisted
by
Org.:
NO
If
Yes, Org. Info:
Asked
for
Wages:
YES
If
Yes, Employer s
Number of Employees:
End Date: / /2015 Present: NO
Reason
for
Termination:
Quit
Attorney Representation:
NO
Response: He would take care
of
me when he could .
Co-worker Contact
·
information:
Other Action
Againt
Employer:
NO
If
Yes, Action
Explanation:
Employer Retaliation:
NO
If
Yes,
Action
Against
Explanation:
Location
of
Work:
Northampton
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Reason for Filing Time Period
of
Violation
Minimum Wage:
NO
Non-payment: YES
Vacation Pay: NO
Meal Period:
NO
Overtime Pay: NO
Sunday/OT/Holiday:
NO
Child Labor: NO
Unpaid Commissions: NO
Tips:
NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation:
NO
Domestic
Violence/Abusive
Situation Employment
Leave:
NO
Earned Sick Leave:
NO
Domestic Worker
Law
Vio lation:
NO
Pay-related disparity:
NO
Other:
NO
f
Other:
Other Information:
From: /2014
To: /2015
Rate of Pay: 10.25 Hourly
Amount Owed:
4100.00
Present:
NO
The business
was
going very slow and Jim did not have the money to pay
me
. He is now going through banckruptcy
because he owes myself and many others lots of money. The account we had,- has the documentation of what
my hours worked were during these dates. Her number i
Review sign a_nd submit your
1. Review
the
confidentiality
of
your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. n response to such a
request, we generally will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response
to
any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the M Attorney General s Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the M Attorney General s Office may need to forward this request for assistance to
another agency for response.
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Signed y
Date 12/05/2015
Declaration Response Yes
Note: not required if f iling anonymously) By filling in my
n me
and checking
this
box, I certify that
the
information I
h ve
provided s
true
and correct to
the
best of my knowledge,
nd
that I dopt this as my online
signature.
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rive
1027
Check number: 3546
Rate
Current
9.50
2 106.15
Current
-2
89
.
56
-130_58
3 0 5 4
-108 .31
-558.
99
Current
-1 330.
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Pay Period: 02/2712015 03/05/2015
SSN
Status Fed/State)
Single/Sin
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YTD mount
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YTO mount
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0
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-558.99
YTDAmount
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2 7 6
4 14/2016
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4/14/2016
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Page 1.of 2
-
Ct1eck number: 3525
Pay Period. 11129/2014 -
12105/2014
SSN
Status FedJState)
· ··-· ··8087
SingleJSi
ng:e
ty
Rate
Current
YTO
Amount
17:45
9-50
168.63 1,917.14
Current YTD Amount
-13.
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yee
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4/14/201 6
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Page 2 of
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4/14/2016
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RE: 40 Green Street/Lunch
Dear :
Thank you for contacting the Office of the Attorney General's Fair Labor Division. The Fair Labor Division of the
Attorney General’s Office receives and reviews thousands of complaints each year and must make difficultdecisions regarding which cases it will pursue. If the Office determines that it will not pursue a particular case, itmay issue a “private right of action” to the employee-complainant. This “private right of action” gives theemployee the ability to pursue the case privately through the court system.
This letter is the “private right of action” letter for your case. We have carefully reviewed your complaint, and weare authorizing you to pursue this matter through a civil lawsuit. This is not a determination of the merits of yourcase. It does mean, however, that this Office will not be taking any further action on your complaint.
The private right of action arises under Massachusetts General Laws Chapter 149, § 150, and Chapter 151, §§ 1Band 20. It permits employees who believe they are victims of certain violations of the state wage laws, to sue incivil court on their own behalf and on behalf of other similarly situated employees. If you prevail in court, you areentitled to obtain triple damages for any loss of wages and other benefits, injunctive relief (for example, the court
can order the employer to change its employment practices), as well as the costs of litigation and reasonableattorneys' fees.
You should also be aware that strict time restrictions, called the statute of limitations, apply to the filing of claimsunder the Massachusetts wage laws. You can recover damages only for the two or three year time period prior tothe date that you file a case in court, depending on the type of claim you are bringing. Therefore, you shoulddetermine what statute of limitations applies to your claims as it may be important to file quickly to avoid the possibility that part or all of your claims are no longer within the relevant time period.
For further information about the Massachusetts Wage and Hour laws, and exercising your “private right of action”,including a list of attorney referral services, please visit the Attorney General’s website at www.mass.gov/ago/praand select workplace rights.
Sincerely, Fair Labor Division 617-727-3465
January 5, 2016
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WHAT DOES IT MEAN TO RECEIVE A “PRIVATE RIGHT OF ACTION” FROM THE FAIR LABOR
DIVISION? The “private right of action” permits employees who believe they are victims of certain violations of the state wagelaws to sue in civil court on their own behalf and on behalf of other similarly situated employees.If an employee wins his or her case, they are entitled to obtain, the costs of litigation and reasonable attorneys' fees,triple damages for any loss of wages and other benefits and injunctive relief (an order from the court requiring a party to do or not do something, such as requiring the employer to modify its employment practices).Depending on the amount of damages (wages owed), employees should file in Small Claims Court, District Court,or Superior Court.
Small Claims Court: The small claims court is designed to provide a simple, informal and inexpensive procedurefor resolving cases where the plaintiff (the person bringing the case) is seeking $7,000 or less. You may bring asmall claim only in the court for the area where either you or your employer lives or has a place of business oremployment. For more information: (617) 788-8810 orhttp://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html
District Court: The District Court judges make decisions in cases where the plaintiff is not likely to recover morethan $25,000 in monetary damages. For more information: (617) 788-8810 orhttp://www.mass.gov/courts/courtsandjudges/courts/districtcourt/index.html
Superior Court: The Superior Court decides cases where the plaintiff is seeking more than $25,000 in monetarydamages, or cases involving labor disputes where the plaintiff is seeking injunctive relief. For more information:(617) 788-8130 or http://www.mass.gov/courts/courtsandjudges/courts/superiorcourt/index.html
If you choose to pursue your “private right of action”, you may do so on your own or with the assistance of a private attorney. If you need help finding an attorney, you may wish to consult with a local bar association or legalservices office. The following are two resources you may contact for such assistance.
Private Lawyer Referral Services- Mass Bar Association Lawyer Referral Service (617) 654-0400, (800) 392-6164, TTY: (617) 338-0585, www.massbar.org/lawhelp
Free Legal Representation for Low-Income Individuals- Legal Advocacy and Resource Center (LARC) (617)
603-1700, (800) 342-5297, www.larcma.org
You should also be aware that strict time restrictions apply to claims under the Massachusetts wage laws. You canrecover damages only for the two or three year time period prior to the date that you file a case in court. Therefore,depending on your case and type of claims, it may be important to move quickly to avoid the possibility that part or
all of your claims are no longer within the relevant time period.
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Non Payment o Wage and Workplace Complaint Form
Employee Information
Name:
Employer Information
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108
-
Company Name: Berkshire Yogurt Co.
Address:
10
Bridge
St
City: Northampton
Phone: 413-341-3248
Other
Business
Name:
Owner s Name: Kim/Rich Wilson
Address:
State:
MA
Ext;
Zip: 01060
City: State: Zip:
Phone:
••••I
License Plate:
Manager s Name: Kim/Rich Wilson
Number of Employees:
Employment Information
Start Date: /2015 End Date: /2016 Present: NO
Type of Work: Cashier
Currently Employed:
Signed Contract: NO
Assisted by Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If
Yes, Employer s
Reason
for
Termination: Discharged
Attorney
Representation:
NO
Response: I can t not pay you due to lack of funds in our bus iness account.
Co-wor.ker Contact
Information:
Other
Action
Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation:
NO
If Yes, Action
Against
Explanation:
Location of Work: Northampton, MA
-
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Reason for Filing
Minimum Wage:
NO
Non payment:
YES
Vacation Pay:
NO
Meal Period:
NO
Overtime Pay:
NO
Sunday/OT/Holiday:
NO
Child Labor: NO
Unpaid Commissions:
NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Mlsclass:
NO
Retaliation:
NO
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation:
NO
Pay related disparity:
NO
Other:
NO
f
Other:
Other Information:
Time Period of Violation
From:
/2016
To:
/2016
Rate
of
Pay:
10 Hourly
Amount Owed:
1019
Present: NO
It became apparent in 2016 that the company I was working for was having money issues and were consistently late
in paying us. Two out of the three pay checks
for
the the month
of
January 2016 were over five days late. The only
check paid on time was paid directly from the business checki
n
account without accompanying pay stubs.
On the first of February 2016 I arrived
for
my shift and and was told this location was closed
permanent
ly and I
should
go
home. I asked for
my
pay
for
that
week
and was told that they could not provide it. These set backs have
caused
me
late fees and penalties on my bills.
f
you need
to
send anything by mail my mailing address is
as
follows:
-
do not receive mail
at
my residence.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
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Review sign and submit your
1. Review the confidentiality of your complaint:
Under
most
circumstances, t
he
text
of
your request will be
considered a public record and be available
to
any
member of
the public upon request. In response
to
such a
request,
we
generally wil l not disclose
your
name, address, phone number,
or
any other information that identifies
you and will not disclose this form
n
response to any request that specifica
ll
y seeks the request you submitted.
Your record in its entirety may , however, be disclosed to law enforcement and regulatory agencies who may assist
n
resolving your request.
2. Read this important notice and sign your complaint. : I understand that when I submit this request for
assistance that the M Attorney General s Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General s Off ice may need to forward this request for assistance to
another agency for response.
Signed By: Date: 02/13/2016
Declaration Response:
Yes
(Note: not required if filing anonymously) By fi ll ing in my name and checking this box, I certify that the
information I have provided is true and correct to the best of my knowledge, and that I adopt this as my online
signature.
-
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MAURA
HEALEY
TTORNEY GENER L
TH
COMMONWE L TH OF
M SS CHUSETTS
OFFICE OF THE
TTORNEY
GENER L
ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS
02108
March 14, 2016
(617) 727-2200
TTY (617) 727-4765
www.mass.gov.ago
RE: Berkshire Yogurt Company
Thank
you for contacting the Office
of
the
Attorney
General's Fair Labor Division.
The
Fair Labor Division
of
the
Attorney General' s Office receives and reviews thousands of complaints each year and must make difficult decisions
regarding which
ca
ses it will pursue. f he Office determines that it will
not
pursue a particular case, it may issue a
private right
of
action
to
the employee-complainant. This private right
of
action gives the employee the ability
to
pursue the case privately through the court system.
This letter is the private right of action letter for your case. We have carefully reviewed your complaint, and
we
are
authorizing you
to
pursue this matter through a civil lawsuit. This is not a determination of the merits ofyour case.
t
does mean, however, that this Office will not be taking any fm1her action on your complaint.
The private right of action arises under Massachusetts General Chapter 149, 150, and
~ a p t e r 5
, §§ IB and
20. t
permits employees who believe they are
vic
tin s
of
ce1tain violations
of
he state wage laws, to
sue
in civil court
on their own behalf and on behalf of other similarly situated employees. If you prevail in court, you are entitled to
obtain triple damages for any loss of wages and other benefits, injunctive
relief(for
example, the
court can
order the
employer to change its employment practices), as well as the costs
of
litigation and reasonable attorneys' fees.
You
should also
be
aware that strict time restrictions, called the statute
of
Jim itations, apply to the filing
of
claims under
the Massachusetts wage laws. You can recover damages only for the two
or
three year time period prior
to
the date that
you file a case in cou1t, depending on the type of claim you are bringing. Therefore, you should determine what statute
of
limitations applies
to
your claims as it may be impo1iant
to
file quickly
to
avoid the possibility that part or all
of
your
claims are
no
longer within the relevant time period.
For further information about the Massachusetts Wage and Hour laws, and exercising your private right of action ,
including a list of attorney refen-al services, please visit the Attorney General' s website at www.mass.gov/ago/pra and
select workplace rights.
Sincerely,
Fair Labor Division
617-727-3465
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8/15/2019 Northampton wage & hour complaints filed with AG's office
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Non-Payment of Wage and Workplace Complaint Form
Office of the Attorney General
Employee Information
Name: -
Employer
Information
Company Name: Burger King
Address: 344 King Street
City:
Northampton
Phone: 413-584-6376
Other Business Name: FPS INC
Owner s Name:
FPS INC
Address: 158 College Highway
City: Southampton
Fair Labor Division
One Ashburton Place
Boston, MA 02108
State: MA
Ext:
State: MA
Zip: 01060
Zip: 01073
Phone
Manager s Name: · - Location Manager
License Plate:
Number
of
Employees: 8
Employment Information
Start Date: 1/2014 End Date:_ _ Present:
YES
Type
of
Work: Crew Member
Currently Employed: Reason
for
Termination:
Signed Contract: NO Attorney Representation: NO
Assisted
by
Org.:
NO
If Yes, Org. Info:
Asked for Wages: NO
If Yes, Employer s
Response:
Co-worker Contact
Information:
Other
Action
Againt
Employer: YES
If Yes, Action
Explanation: My boy friend spoke with the location Manager and the District Manager
Employer Retaliation: NO
If Yes, Action
Against
Explanation:
Location
of
Work: Northampton
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Reason for Filing
Minimum Wage:
O
Non payment: NO
Vacation Pay: NO
Meal Period: NO
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor:
O
Unpaid Commissions:
O
Tips:
Prevailing Wage:
Ind Contractor Misclass:
Retaliation: NO
Domestic
Violence/Abusive
Situation Employment
Leave:
Earned Sick Leave:
Domestic Worker Law
Violation:
Pay related disparity:
Other: YES
Time Period of Violation
From: /2015
To: /2015
Rate
of
Pay: 9.00 Hourly
mount Owed: 855.00
Present:
O
If
Other:
on
payment of travel exp
Other Information
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8/15/2019 Northampton wage & hour complaints filed with AG's office
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Starting on or about January 26th 2015 one of my supervisors began asking me to give her rides home
to Greenfield at night, which was fine because that's where I'm currently staying, however I only work 2 days a week
at Burger King and its not nights usually. I also work full time at Big Y so I'd get done at Big Y at 9pm and have to
hang around till - or another employee who- lives with in Greenfield was done at Burger King at 1230-1am to
take - and the other employee home. - promised me
she'd pay me for these rides on Fridays. - then
asked me
to
start bringing her in to work at 5:30am also and again promised to pay me for
it
I felt obligated and also
was trying to be nice so I began waking up at 4:30am to take her to Burger King for 5:30am
on
a promise that she
would pay me for these rides. I also felt that maybe if I started doing this I would be able to get morning opening
hours with her eventua
ll
y if the General Manager• saw that I was bringing - in several mornings a week
because I was only getting two days a week. This never happened and- after 19 trips back and fourth only paid
me $30.00 I would wake up at 4:30am to bring her to the location and then have to
go
all the way back home and
try to sleep before going in
to work at Big Y for 3pm. Then would have to wait for - or her room mate to be ready
to
go
home at 1230-1am some nights and only get a few hours sleep before having to take her in again for 5:30am I
was starting to
fa
ll asleep
in
the parking lot
of
Burger King
in
the back corner because
I
couldn't safely drive anymore
some mornings. I was scared about getting in an accident.
y
boyfriend became upset that I wasn't getting paid
by
- and spoke with the manager• and the District Manager- telling them what's been going on and asking
them to possibly see if they could put me on Mornings or- on at nights so this r ide situation would work out
better for everyone but NO ONE EVER DID ANYTHING AT ALL ABOUT IT - NEVER paid me and I used tons of
gas and lost lots of hours
of
sleep and time tor nothing
t
felt obligated after being asked
by
one of my supervisors
- ) to give them rides back and fourth and also felt I may
be
able
to
get mornings by doing it so I did it and I got
nothing I did a total of 19 trips back and fourth at about 5 hours of waiting and travel time each day. At $9.
00
an hour
comes to $855.00. A cab ride would
of
cost her $30 each time, each way I would
at
least like
to
be compensated for
this lost time and gas, because I was completely and totally taken advantage of and now fear losing my job
just
for
filing this complaint. I feel bringing her back and fourth benefited only the business but not me Can someone please
help me because no one at Burger King is doing anything at all about this for me? Thank you Sincerely •
-·
eview sign and submit your
1
Review
the
confidentiality of your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member
of
the public upon request. In response to such a
request, we genera lly will not disclose your name, address, phone number, or any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolvi
ng
your reque·st.
2. Read this important notice and sign your complaint. : I understand that when I submit th is request for
assistance that the MAAttorney General 's Office cannot give
me
legal advice and cannot act as my personal
lawyer. I also understand that the MAAttorney General's Office may need to forward this request for assistance to
another agency for response.
Signed
By
Date: 03/02/2015
Declaration Response:
Yes
(Note: not required if filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best
of
my knowledge, and that I adopt this as my online
signature.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
25/87
MAURA HEALEY
ATTORNEY GENERAL
•
Dear
TH
COMMONWE LTH OF
M SS CHUSETTS
OFFICE
OF THE
TTORNEY GENER L
ONEASHBURTONPLACE
BOSTON, MASSACHUSETTS 02108
March 23, 2015
(617) 727-2200
(617)
727-4765
TTY
www
.m
ass.gov/ago
Thank
you for contacting the Office
of
the Attorney General's Fair Labor Division.
The
Fair
Labor
Division
of
the
Attorney
General's
Office receives and reviews thousands
of
complaints each year and must
make
difficult
decisions regarding which cases it will pursue.
f
he Office determines that it will not pursue a pa1ticular case, it
may issue a
pr
ivate right
of
action to the employee-complainant.
Th
is private right
of
action gives the
employee the ability
to
pursue the case privately tlu·ough the court system.
This
letter is the private right
of
action letter for
your
case. We have carefully reviewed
your
complaint, and we
are
authorizing you to pursue this matter through a civil lawsuit.
Th
is is not a detem1ination
of
the merits
of
your
case.
It
does mean, however, that this Office will not be taking any further action
on
your complaint.
The
private right
of
action arises under Massachusetts General Laws Chapter 149,
§
150, and Chapter 151,
§§
1B
and
20
.
t
pennits employees who believe they are victims of certain violations
of
the state
wage
laws,
to
sue in
ci
vi
l court on their own beha
lf
and on behalf
of
other similarly situated employees.
f
you prevail in court, you are
ent
itled to·obtain triple damages for any loss
of
wages and other benefits, injunctive
relief
(for example, the court
can
order the employer to change its employment practices),
as
well as the costs
of
litigation and reasonable
attorneys' fees.
You
should also
be
aware that strict time restrictions, called the statute
of
limitations, apply to the filing
of
claims
under the Massachusetts wage Jaws.
You can
recover damages only for
th
e
t .vo or
three year time period prior
to
the date that
you
file a case
in
court, depending on the type
of
claim
you
are bringing. Therefore, you should
detennine what statute
of
limitations applies
to
your claims as it may
be
important
to
file quickly
to
avoid the
possibility that part or all
of
your claims are no longer within the relevant time period.
Fo
r further information about the Massachusetts Wage and
How
· laws, and exercising your private right of action'',
including a list
of
attorney referral services, please visit the Attorney Genera l's website at www.mass.gov/ago/pra
and select workplace rights.
Sincerely,
Fair Labor Division
617-727-3465
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
26/87
WHAT DOES IT MEAN
TO
RECEIVE A
PR
IVATE RIGHT OF ACTION FROM THE FAIR LABOR
DIVISION?
The private right of action permits employees who believe they are victims of certain violations of the state wage
laws to sue
in
civil cou1t on their own behalfand on behalf
of
other similarly s ituated employees.
If an employee wins his or her case, they are entitled to obtain, the costs
of
litigation and reasonable attorneys' fees,
triple damages for any loss of wages and other benefits and injunctive relief(an order from the court requiring a
party to
do or
not
do
something, such as requiring the employer
to
modify its employment practices).
Depending on the amount of damages (wages owed), employees should fi le in Small Claims Court, District Court,
or Superior Court.
Sma
ll C laims Court: The small claims court is designed to provide a simple, informal and inexpensive procedure
for resolving cases where the plaintiff (the person bringing the case)
is
seeking $7,000 or less. You may bring a
small claim only in the court for the area where either you or your employer lives or has a place of business or
employment.
For
more information: (617) 788-8810 or
http://www.mass.gov/courls/cou1tsandjudges/courts/d istrictcourt/smallclaims.html
District Court:
The District Court judges make decisions
in
cases where the plaintiff
is
not likely to recover more
than $25,000 in monetary damages. For more information: (6 17) 788-8810 or
http:
//
www.mass.gov/courts/courtsandjudges/courts/districtcourtlindex.html
Su
perior Co urt: The Superior Couit decides cases where the plaintiff
is
seeking more than $25,000 n monetary
damages, or cases involving labor disputes where the plainti ff is seeking injunctive relief. For more information:
(617) 788-8130 or http://www.mass.gov/courts/cowtsandjudges/courts/superiorcourtlindex.html
f you choose to pursue your private right of action , you may do so on your own or with the ass istance of a
private attorney. f you need help finding an attorney, you may wish to consult with a local bar association or legal
services office. The following are two resources you may contact for such assistance.
P
rivate
Lawyer Referra l Services- Mass
Bar
Association Lawyer Referral Service
(617) 654-0400, (800) 392-6164, TTY: (617) 338-0585, www.massbar.org/lawh·elp
Free
L
eg a
l
Representation
fo
r Low-Income
Individuals-
Legal Advocacy and Resource Center (LARC) (617)
603- 700, (800) 342-5297, www.larcma.org
You should also be aware that strict time restr ictions apply to claims under the Massachusetts wage laws. You can
recover damages only for the two or three year time period prior to the date that you file a case in court. T herefore,
depending
on
your case and type
of
claims, it may be important to move quickly to avoid the possib ility that part or
all
of
your cla ims are no longer within the relevant time period.
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8/15/2019 Northampton wage & hour complaints filed with AG's office
27/87
Non-Payment of Wage and Workplace Complaint Form
Office
of
the Attorney General
Fair Labor Division
Employee
Information
Name: -
Employer Information
Company Name: Burger King
Address:
44
King Street
City: Northampton
Phone: 413-584-6376
Other
Business Name: FPS,
INC
Owner s Name: Stanley
J.
Paulauskas
Address: 158 College Highway
City: Southampton
One Ashburton Place
Boston, MA 02108
State: MA
Ext
State: MA
Zip: 01060
Zip: 01073
Phone:
License Plate:
Manager s Name: • General Manager. - -
f i h s m b b ~ 9 1 ' P l o y e e s :
75
Employment
Information
Start Date: /2013
Type
of Work
Crew Member
Currently Employed:
Signed Contract: NO
Assisted by Org.: NO
If
Yes, Org. Info:
Asked for Wages: YES
If
Yes, Employer s
Response: I was told no.
Co-worker Contact
Information:
Other
Action Againt
Employer: YES
If
Yes, Action
End Date:
_ )
Present: YES
Reason
for
Termination:
Attorney Representation: NO
Explanation: I filed a case with the Attorney Generals Office and was sent a letter letting me know that I
cou
ld file a case
in
court if I chose to. I did file a case in the Northampton MA District Court
on
04/30/2015.
On
July 2nd 2015 Burger Kings Attorney filed a motion to dismiss
and
it was
allowed.
Employer Retaliation:
YES
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8/15/2019 Northampton wage & hour complaints filed with AG's office
28/87
If
Yes, Action Against
Explanation: YES After I filed a Civi lAction on April 30th 2015, I was SEVERLY cut in hours, after asking
for more hours, was told there wasn't any
and
some weeks given NONE
Even though
the
manager• put now hiring signs "all shifts" in the window and hired new employees to cover
shiftsi & Treated poorly
Location of Work: Northampton, Mass
Reason
for
Filing
Minimum Wage: NO
Non-payment: NO
Vacation Pay: NO
Meal Period: NO
Overtime Pay: NO
Sunday/OT/Holiday: NO
Child Labor: NO
Unpaid Commissions: NO
Tips: NO
Prevailing Wage: NO
Ind Contractor Misclass:
NO
Retaliation: YES
Domestic
Violence/Abusive
Situation Employment
Leave: NO
Earned Sick Leave: NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO
Other: NO
If Other:
Other Information
Time Period
of
Violation
From: /2015
To :_ _
Rate of Pay:
9.00
Hourly
Amount Owed: 2880.00
Present: YES
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8/15/2019 Northampton wage & hour complaints filed with AG's office
29/87
After I filed a Civil Action
on
April 30th 2015, I was SEVERLY cut in hours I went from having a lmost 25-30 a week
down to 6
or
even 3 and some weeks Nothing at all I was asking weekly for more hours
or
to cover shifts for people
for more hours and was told there wasn't any hours. The Manager• • put now hiring signs "all shifts"
in
the window
and hired new employees to cover shifts, when I was always asking for hours I spoke with the District Manager,
- about the situation and he said "if they don't have the hours they cant put you on the schedule". I told him•
keeps hiring new people even though and I am available . I also asked to work in other locations that the owner owns
and was told he would look into and I never heard anything back. I was also being treated d ifferently. One
of
the
Assistant Managers told me that. the Manager, told her to remove me from the G.U.R.U. training program. This
wou ld mean that without doing any further trainings, I couldn't move anywhere in the location to work
at
other stations
within the restaurant. The Manager,• would tell me to text
or
email her my Big Y schedule each week so she could
have me work shifts when I'm not
at
Big Y which is right up the street from Burger King, and I continue to give her my
schedule and STILL get little to no hours • tells me that she never gets my schedule in her email so I try to bring it
in
in
hand to her and
she
asks me to continue to email it to her. I estimated I lost about 20 hours a week since
the
filing
of
the case on 04/30/2015 to present.
t
$9.00 an hour for the last 16 weeks comes to about $2882.00. Not
including the $949.00 in lost wages previously, which is what I filed the case
in
civil court to begin with, And the court
filing fees
of
$250.00. All to stand up for what I felt was an unfair practice and also failure to pay me for driving their
opening and closing managers back and fourth from their home to the restaurant for several weeks and never got paid
for it after being told I would be. I was completely taken advantage of and it was very unfair Being that I only work
there at $9.00 an hour and wasted lots
of
gas and time doing these rides and NEVER being compensated for it. Then
they lied in court to get a motion to dismiss
the
case because I couldn't afford a lawyer and was
do
ing the case
myself and lost because I didn't know what I was doing. Management knew my concerns about the other matter
of
not
being paid hours long before I filed a case with the Attorney Generals office and
co
urt . Even - the District
Manager was told about what was happening and nothing was done then, just like with the retaliation matter, nothing
is being done about that either within the company. This week even. I have only 3 hours and last week I wasn't even
on the schedule. Although the keep hiring new employees and the sign for hiring all shifts in still
in
the window on the
front of the location.
Review sign and submit your
1. Review the confidentiality o your complaint:
Under most circumstances. the text
of
your request will be
considered a public record and
be
available to any member
of
the public upon request. In response to such a
request,
we
generally wil l not disclose your name, address, phone number,
or
any other information that identifies
you and will not disclose this form
in
response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assis t
in resolving your request
2 Read this important notice and sign
your
complaint.
: I understand that when I submit this request for
assistance that the
M
Attorney General 's Office cannot give me legal advice and cannot
act
as my personal
lawyer. I also understand that the M Attorney General 's Office may need to forward this request for assistance to
another agency for response.
Signed y
Date: 09/16/2015
Declaration Response:
es
(Note: not required if filing a·nonymously) By filling in my name and checking this box, I certify that the
information I have provided is true and correct to the best
of
my knowledge, and that I adopt this as my online
signature.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
30/87
Non-Payment of Wage and Workplace Complaint Form
Employee Information
Name:
Employer
Information
Office
of
the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108
-
Company Name: ConVino Wine Bar LLC
Address: 101 Armory Street
City: Northampton State: MA
Ext:
hone: 413-341-3977
Other Business Name:
Owner' s Name: Caroline McDaniel
Address:
State: MA
Zip: 01060
Zip:ity: Northampton
Phone:
License Plate:
Manager's Name: Caroline McDaniel
Number of Employees: 10
Employment
Information
Start Date: 2014 End Date: 2015 Present: NO
Type
of
Work: payroll, schedualing, Manager
of
start up Restuarant
Currently Employed:
Signed Contract: NO
Assisted
by Org.:
NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer's
Reason
for
Terminat ion: Discharged
Attorney
Representation: NO
Response: Caroline said she would sue
me
for missing funds from daily cash transactions , something she
falsified and wrongly accused me , and that you would never win
Co worker Contact
Information:
Other Action Againt
Employer: NO
If
Yes,
Action
Explanation:
Employer Retaliation: YES
If Yes, Action Against
Explanation: I attempted to talk and diplomatically discuss how she cannot change my wages on a whim
and that I deserve paid sick time. She threatened my job and wages. She also insisted that I
go
on
unemployment
and
still continue to work for her.
Location of
Work: Northampton on site ho lyoke computer work
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8/15/2019 Northampton wage & hour complaints filed with AG's office
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Reason for Filing
Minimum Wage: NO
Non payment: Y S
Vacation Pay: NO
Meal Period: NO
Overtime Pay: NO
Sunday/OT/Holiday:
NO
Child Labor: NO
Unpaid Commissions NO
Tips
Prevailing Wage:
Ind Contractor Misclass:
Retaliation:
NO
Domestic
Violence/Abusive
Situation Employment
Leave:
Earned Sick Leave:
Domestic
Worker
Law
Violation:
Pay related disparity:
Other: Y S
If
Other: Sick time
Other Information
Time Period of Violation
From: /2014
T o :_ _ )
Rate of Pay: 1884.62 Salary
Amount
Owed: 15000
Present:
Y S
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8/15/2019 Northampton wage & hour complaints filed with AG's office
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My salary would flex and change through intimidation and demands
of
owner Caroline McDainel. I went unpaid for
the first 5 weeks
of
pre-opening for the restaurant I was suppose to take
an hour
ly but was told she cou ld only pay a
salary .. and Caroline gave me a personally check for $1000. I work consistently over 60 hour weeks. ($6,600 at
22hourly--->actual pay was $1000) I was told the business couldn't open with that much payroll overhead and that it
was my fau lt and that I should not have worked that many hours.
My Salary wage was change at least Four times after the opening
of
the restaurant. Original offer of 55K was
shockingly changed to 5K
in an
effort to get the business off the ground and was told that I would
be
compensated
in the future, 01/26/15 (49K which at the time Caroline sa id was to be retroactive) 03/17/15 of 47K. During the month
of March 2015 I took sick and was unable to go into Convino's location. I did work from home to update the POS,
employee scheduling and do payroll services. These s ick days where the first days I had ever physically taken off
from
work since 11 /01/2014. During the week
of
being sick I received a call
from
Caroline instructing
me
to go
on
unemployment because the business couldn't afford to pay me for sick time. She said that I was sti ll considered an
employee
but
that the business needed a break from my salary. I felt very intimidated and scared, I really wanted
this job and I just kept making stupid scarifies in hopes of winning favor of Caroline. I called her back and to ld her I
couldn't in good faith go on unemployment whi le still game-fully employed for her.
It
was decided that I would take
$500week for the next pay check. I resumed work and completed 40+ hour weeks for the remainder of my
employment, which was way down from my normal 60. She extended my $500a week for an additional pay period, at
this point I was feeling hopeless in my efforts to get a consist
ent
paycheck. During any discussion
about
my salary I
was repeatedly told that this
is what
happens with start ups I thought you wanted this job I felt so powerless and
unhappy.
As
my efforts increased to get a written contract,
&
we increasingly fought, during my first paycheck back
at
the reduced
7K
which I had to fight for, I
was
fired. She falsified cash draw shortages, and pinned the blame on
me. I was accused of taking money from the cash drawer, which is 100%. The Monday before being fi red I also
worked 8 hours on employee scheduling and payroll . These hours should be compensated. I was an extremely
faithful and loyal employee, I was fired with no warning and previous ly no complaint or discussion
from
Caroline
regarding any negative qua lity of work. The only time we had any disagreement was over my pay. I know for a fact
that the business isn't financially doing well with weekly gross sales barely toping 13K. There was such resistance to
change and evolve the business so that it would be more appealing to customers.
Review sign and submit your
1. Review the confidentiality o your complaint: Under most circumstances, the text of your request will be
considered a public record and be available to any member of the public upon request. In response to such a
request, we generally wil l not disclose your name, address, phone number,
or
any other information that identifies
you and will not disclose this form in response to any request that specifically seeks the request you submitted.
Your record in its entirety may, however, be disclosed to law enforcement and regulatory agencies who may assist
in resolving your request.
2 Read this important notice and sign your complaint. : I understand tha t when I submit th is request for
assistance that the MAAttorney General's Office cannot give me legal advice and cannot act as my personal
lawyer. I also understand that the MA Attorney General 's Office may need to forward this request for assistance to
another agency for response.
Signed y
·····
Date: 05/01/2015
Declaration Response: Yes
(Note: not required
if
filing anonymously) By filling in my name and checking this box, I certify that the
information I have provided
is
true and correct to the best
of
my knowledge, and that I
adopt
th
is
as my
online
signature.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
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THE COMMONWEALTH OF M SS CHUSETTS
OFFICE OF THE TTORNEY GENER L
ON E
A SHBURT
ON PLACE
B OSTON, M SS CHUSETTS02 l 08
M AURA H EALEY
T
T
R
EY
GENER L
TE
L:
(617) 727-2200
www.mass.gov/
ago
June 9, 2015
Dear
Thank you for contacting the Office of he Attorney General's Fair Labor Division. The Fair Labor Division of the
Attorney General's Office receives and reviews thousands of
c-0mplaints
each year and must make difficult
dec
isions regard
in
g which cases it
will
pursue.
f
he Office detennines that
it
will
not
pursue a particular case,
it
may issue a p1ivate right of acti-0n to the employee-complainant. This private right of action gives the
employee the ability to pursue the case privately through the court
system.
This letter is the private right of action letter fo r your case.
We
have carefully reviewed your complaint, and we
are authorizing you to pursue this matter through a civil lawsuit. This is not a detennination
of he
merits of your
case. It does mean, however, that
this
Office will not be taking any further action
on
your complaint.
The private right of action arises
unde
r Massachusetts General Laws Chapter
149, § 150, and
Chapter
151, §§
lB
and 20.
It
permits employees who believe they are victims
of
certain violations
of
the state wage laws, to sue in
civil court on their own behalf and
on
behalf
of
other similarly situated employees. f you prevail
in
court, you are
entitled to obtain triple damages
for
any loss
of
wages and other benefits, injunctive relief (for example, the court
can order the employer to change its employment practices), as well as the costs of litigation and reasonable
attorneys' fees .
You should also be aware that strict time restrictions, called the statute of limitations, apply to the filing
of
claims
under the Massachusetts wage laws. You can recover damages only for the two or three year time period prior to
the date that you file a case
in
court, depending on the type
of
claim you are bringing. Therefore, you should
determine what statute
of
limitations applies to your claims as it
may
be important to file quickly to avoid the
possibility that part or all
of
your claims are no longer within the relevant time period.
For further information about the Massachusetts Wage and Hour laws, and exercising your private right
of
action ,
including a list of attorney referral services, please visit the Attorney General' s website at www.mass.gov/
ago
/pra
and select workplace rights.
Sincerely,
Fair Labor Division
617-727-3465
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
34/87
WHAT
DOES
IT MEAN TO RECEIVE A
PRIVATE
RIGHT OF ACTION FROM THE FAIR LABO
DIVISION?
The
private right of action permits employees who believe they are victims of certain violations of the state
wage laws to sue in civil cou1t on their own
behalf
and
on
behalf
of
other similarly situated employees.
f an
employee wins his or her case, they are entitled to obtain, the costs
of
litigation and reasonable
attorneys' fees, triple damages for any loss of wages and other benefits and injunctive relief (an order from
the cou1t requiring a party to
do
or not do somethfog, such as requiring the employer to modify its
employment practices).
Depending on the amount of damages (wages owed), employees should file in Small Claims Cou1t, District
Couti, or Superior Court.
Small Claims
Court: The small claims court is designed to provide a simple, infonnal and inexpensive
procedure for resolving s ~ s where the plaintiff (the person bringing the case) is seeking $7,000 or less.
You may bring a small claim only n the court for the area where either you or your employer lives or has
a place of business
or
employment. For more information: ( 617) 788-8810 or
http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html
District Court: The D istrict Co
mt
judges make decisions in cases where the plaintiff is not likely to
recover more than $25,000 in monetary damages. For more information: (617) 788-8810
or
http://www.mass.gov/cou1ts/cou 1sandjudges/courts/districtcourt/index.html
Superior
Court:'
The
Superior Court decides cases where the plaintiff is seeking more than $25,000 in
monetary damages,
or
cases involving labor disputes where the plaintiff is seeking injunctive relief. For
more information: (617) 788-8130 or
http://www.mass.gov/courts/cou1tsandjudges/courts/superiorcourt/index.html
If you choose to pursue your private right
of
action'', you may do so
on
your own or with the assistance
of
a private attorney.
f
you need help finding an attorney, you may wish to consult with a local
bar
association
or
legal services office. The following are two resources you may contact for such assistance.
Private
Lawyer
Referral Services- Mass BarAssociation Lawyer Referral Service
(617) 654-0400, (800) 392-6164, TTY: (617) 338-0585, www.massbar.org/lawhelp
Free
Legal
Representation for Low-Income Individuals- Legal Advocacy and Resource Center
(LARC) (617) 603-1700, (800) 342-5297, www.larcma.org
You should also be aware that strict time restrictions apply to claims under the Massachusetts wage laws.
You can recover damages only for the two or three year time period prior to the date that you file a case n
court. Therefore, depending on your case and type
of
claims, it may
be
impo1tant to move quickly
to
avoid
the
possibility that part or all of your claims are no longer within the relevant time period.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
35/87
Non-Payment ofWage and Workplace Complaint Form
Employee
Information
Name:
Employer
Information
Office of the Attorney General
Fair Labor Division
One Ashburton Place
Boston, MA 02108
Company Name: Healthy Karma/OBA Hinge
Address: 8 Main Street
City: Northampton
Phone: 413 727 8561
Other
Business Name:
Owner s Name:
Aaron Kater
Address:
City: Pelham
State: MA
Ext
State: MA
Zip: 01060
Zip:
Phone:
Manager s Name: Aaron Kater
License Plate:
Number of Employees:
Employment Information
Start Date: /2015
End Date: /2015 Present: NO
Type ofWork: Worked as security for a bar/music venue
Currently Employed: Reason
for
Termination:
Signed Contract: YES
Assisted
by
Org.: NO
If Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer s
Attorney Representation: NO
Response: I don t have the money right now, but I ll get it to you when I can.
Co-worker Contact
Information:
Other
Action
Againt
Employer: NO
IfYes, Action
Explanation:
Employer Retaliation:
NO
If Yes, Action
Against
Explanation:
Location
of Work: Northampton
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8/15/2019 Northampton wage & hour complaints filed with AG's office
36/87
Reason for Filing
Minimum Wage:
NO
Non-payment:
YES
Vacation Pay:
NO
Meal Period:
NO
Overtime Pay:
NO
Sunday/OT/Holiday: NO
Child Labor:
NO
Unpaid Commissions:
NO
Tips:
NO
Prevailing Wage:
NO
Ind Contractor Misclass:
NO
Retaliation:
NO
Domestic
Violence/Abusive
Situation Employment
Leave:
NO
Earned Sick Leave:
NO
Domestic Worker Law
Violation: NO
Pay-related disparity: NO
Other: NO
f
Other:
Other Information:
Time Period of Violation
From:
/2015
T o _
_ /
Rate
of
Pay: 12
/Hou
rly
Amount Owed:
600
Present:
YES
I worked for The Hinge for weeks when I first started in september. I
was
not in the computer system until October,
so I had to clock in manually for the first three weeks. I asked the owner, Aaron Kater, to compensate me for those
three weeks once I
was
finally in the system. He said on numerous occasion, Yea I
II
send it over to our accountant
and she'll reflect it in your next paycheck. I asked him 4 times on 4 different occasions to pay
me
and he never did.
In addition to the first 3 weeks Aaron Kater owes
me,
he also owes me my last weekly p y c h ~ c k before the place
was shut down in November. I've chased him down, I've tried calling, and
he
hasn't down anything
for
me, and on top
of it all
he
owes me my W-2 forms. This whole thing is a
mess
and I just want the money I've earned and to put this
whole thi
ng
behi
nd
me.
Review sign and submit your
1. Review the confidentiality
of
your complaint:
Under most circumstances, the text
of your
request will be
considered a public record and be available to any
member of
the public upon request. In response to such a
request,
we
generally will not disclose your name, address, phone number,
or
any other information that identifies
you and will not disclose this form
in
response to any request that specifically seeks the request you submitted.
Your record in its entirety may , however, be disclosed to law enforcement and regulatory agencies
who
may assist
in resolving your request.
2. Read this important notice and sign your complaint. :
I understand that when I submit this request
for
assistance that the MAAttorney General
's Off
ice cannot give
me
legal advice and cannot act
as
my personal
lawyer. I also understand that the MAAttorney General's Office may need to forward this request for assistance to
another agency
for
response.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
37/87
Signed
By
Date
03/23/2016
Declaration Response
Yes
Note:
not
required if filing anonymously) By filling in my
n me
and checking this box, I
cert
ify
th t
the
information I
h ve
provided
is
true
nd
correct to the best
of my
knowledge, and that I
dopt
this
s my on
line
signature.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
38/87
TH COMMONWEALTH OF M SS CHUSETTS
OFFICE OF THE TTORNEY GENER L
O NE
ASHBURTON
PL
ACE
B OSTON, M ASSACHUSETTS 02 l 08
M AURA H EALEY
krroRN Y G ENER L
TEL: (617) 727-2200
www
.
mass
.
gov
/
ago
March 31, 2016
RE: Hinge
Dea
Thank you for contacting the Office
of
he Attorney General's Fair Labor Division. The Fair Labor Division of the
Attorn
ey
General's Office receives and reviews thousands
of
complaints each year and must make difficult
decisions regarding which cases
it will
pursue.
f
he Office determines that it will not pursue a particular case,
it
may issue a private right
of
action to the employee-complainant. This private right
of
action gives the
employee the ability to pursue the case privately through the court system.
This letter
is
the private right of action letter for your case. We have carefully reviewed your complaint,
and
we
are authorizing you to pursue this matter through a civil lawsuit. This is
not
a determination
of
he merits
of
your
It does mean, however, that this Office will not be taking any further action on your complaint.
The private right of action arises under Massachusetts General
Laws
Chapter
149 150
and Chapter 151 lB
and
20. t
permits employees
who
believe they are victims
of
certain violations of the state wage
laws
to sue in
civil court on their own behalf and on behalfof other similarly situated employees.
f
you prevail in court, you are
entitled to obtain triple damages for
any
loss
of
wages and other benefits, injunctive relief(for example, the court
can order the employer to change its employment practices),
as
well
as the
costs oflitigation and reasonable
attorneys' fees.
You should also be aware that strict time restrictions, called the statute oflimitations, apply to the filing
of
claims
under the Massachusetts
wage
laws. You can recover damages only for the two or three year time period prior to
the date that you file a case in court, depending on the type
of
claim you are bringing. Therefore, you should
determine what statute
of
limitations applies to your claims as it
may
be important to file quickly to avoid the
possibility that part or all
of
your claims are
no
longer within the relevant time period.
For further information about the Massachusetts
Wage and
Hour
laws and
exercising your priva
te
right
of
action ,
including a list
of
attorney referral services, please visit the Attorney General's website at www.mass.gov/ago/pra
and select workplace rights.
Sincerely,
Fair Labor Division
617-727-3465
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
39/87
WHAT DOES IT MEAN TO RECEIVE A PRIVATE RIGHT
OF
ACTION FROM THE FAIR LABO
DIVISION?
The private right of action permits employees who believe they are victims of certain violations of the state
wage
laws to sue in civil court
on
their own
behalf
and on behalfof other similarly situated employees.
If an
employee wins his
or
her case, they are entitled
to
obtain, the costs
of
litigation and reasonable
attorneys' fees, triple damages for any loss of wages
and
other benefits and injunctive relie f
an
order from
the cou1t requiring a party to do or not do something, such as requiring the employer to modify its
employment practices).
Depending on the amount of damages (wages owed), employees should file in Small Claims Couit, District
Court, or Superior Cowt.
Small Claims Court: The small claims court is designed to provide a simple, informal and inexpensive
procedure for resolving cases where the plaintiff (the person bringing the case) s seeking $7,000 or less.
You may bring a small claim only in the court for the area where either you or your employer lives or has
a place
of
business or employment. For more information: (617) 788-8810 or
http://www.mass.gov/courts/coui1sandjudges/cou11s/districtcou1t/smallclaims.html
District Court:
The District Court judges make decisions in cases where the plaintiff is not likely to
recover more than $25,000
in
monetary damages. For more information: (617) 788-8810 or
http://www.mass.gov/com1s/cou1tsandjudges/cou1ts/districtcourt/index.html
Superior Court:
The
Superior Court decides cases where the plaintiff is seeking more than $25,000 in
monetary damages, or cases involving labor disputes where the plaintiff is seeking injunctive relief. For
more information: (617) 788-8130
or
http://www.mass.gov/cou11s/courtsandjudges/courts/superiorcourt/index.html
f you choose to pursue your private right of action , you may do so
on
your own or with the assistance of
a private attomey.
f
you need help finding an attorney, you may wish to consult with a local bar association
or
legal services office. The following are two resources you may contact for .such assistance.
Private Lawyer Referral Services- Mass Bar Association Lawyer Referral Service
(617) 654-0400, (800) 392-6164,
TTY
: (617) 338-0585, www.massbar.org/lawhelp
Free Legal
Representation for Low-Income Individuals- Legal Advocacy and Resource Center
(LARC) (617) 603-1700, (800) 342-5297, www.larcma.org
You should also be aware that strict time restrictions apply to claims under the Massachusetts wage Jaws.
You can recover damages only for the two or three year time period prior to the date that you file a
case n
court. Therefore, depending
on
yow· case and type
of
claims, it may be impo11ant to move quickly to avoid
the possibility that part or all
of
your claims
are
no longer within the relevant time period.
-
8/15/2019 Northampton wage & hour complaints filed with AG's office
40/87
Non-Payment of Wage and Workplace Complaint Form
Employee Information
Name: -
Employer Information
Company Name: Hinge
Address: 48 Main St
City: Northampton
Phone 413 727 8561
Other
Business Name:
Owner s Name:
Address:
City:
Phone:
Manager s Name: Aaron Kater
Employment Information
Office
of
the Attorney General
Fa
ir Labor Division
One Ashburton Place
Boston, MA 02108
-
State: MA
Ext:
State:
Zip: 01060
Zip:
License Plate:
Number of Employees:
Start Date: /2015 End Date: /2015
Present: NO
Type
of
Work Posting flyers for upcoming events at the venue
Current ly Employed: Reason
for
Termination:
Signed Contract: NO
Assisted by Org.: NO
If
Yes, Org. Info:
Asked for Wages: YES
If Yes, Employer s
Attorney Representation: NO
Response: Said he would send check on Feb 2 Never arrived
by
Feb 18 so contacted again Claimed he
forgot. Still have not been paid as of March
7.
Co-worker Contact
Information:
Other Action Againt
Employer: NO
If Yes, Action
Explanation:
Employer Retaliation: NO
I f Yes, Action Against
Explanation:
Location of Work: Picked up flyers from venue in Northampton to post in Amherst
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8/15/2019 Northampton wage & hour complaints filed with AG's office
41/87
Reason for Filing
Minimum Wage:
O
Non-payment:
YES
Vacation Pay: O
Meal Period:
O
Overtime Pay:
O
Sunday/OT/Holiday:
O
Child Labor:
O
Unpaid Commissions:
O
Tips:
Prevailing Wage:
Ind Contractor Misclass:
Retaliation:
O
Domestic
Violence/Abusive
Situation Employment
Leave:
Earned Sick Leave:
Domestic Worker Law
Violation:
Pay-related disparity:
Other:
O
f
Other:
Other Information:
Time Period
of
Violation
From: /2015
To: /2015
Present:
O
Rate of Pay: $1 per flyer Other
Amount Owed:
50
I responded
to
a Craigslist ad seeking people to post f lyers for Hinge around UMass Amherst. I asked what the
payment rate would be, and was told $1 per flyer as long as I take pictures of each flyer that I post. I metAaron
Kater at Hinge and picked up 50 flyers on Jan 21 and posted them on Jan 22. I have pictures of every one I posted. I
emailed these pictures to Aaron on Jan 22. I received no contact for over a week, including when I texted Aaron to
make sure the pictures
were
acceptab le on Jan 25. On Jan 29 I texted him again and we arranged to meet on Feb 2
for my payment. There was poor weather the night of Feb 2 so I told him I cou ld not make it and asked if he could
send a check. He replied I can do that so