northampton wage & hour complaints filed with ag's office

8/15/2019 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


2/87

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


3/87

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


6/87

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.


7/87

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.


8/87

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

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9/87

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4/14/2016


10/87

Page 1.of 2

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Ct1eck number: 3525

Pay Period. 11129/2014 -

12105/2014

SSN

Status FedJState)

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4/14/201 6


11/87

Page 2 of

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4/14/2016


12/87

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.


14/87

Non Payment o Wage and Workplace Complaint Form


Name:


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


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:


NO

If Yes, Action

Against

Explanation:

Location of Work: Northampton, MA


15/87

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 Mlsclass:

NO

Retaliation:

NO

Domestic

Violence/Abusive


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.


16/87

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


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.


17/87

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o

2

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18/87


19/87

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of2

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20/87

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21/87

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


22/87

Non-Payment of Wage and Workplace Complaint Form



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


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


23/87

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:


Retaliation: NO

Domestic

Violence/Abusive


Leave:

Earned Sick Leave:

Domestic Worker Law

Violation:


Other: YES


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


24/87

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.


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


Signed

By

Date: 03/02/2015


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.


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


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.


27/87


Office

of


Fair Labor Division

Employee

Information

Name: -


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


If

Yes, Org. Info:


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.


YES


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


Child Labor: NO

Unpaid Commissions: NO

Tips: NO

Prevailing Wage: NO


NO

Retaliation: YES

Domestic

Violence/Abusive


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


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.


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


request,

we

generally wil l not disclose your name, address, phone number,

or



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


Signed y

Date: 09/16/2015


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.


30/87



Name:

Employer

Information

Office

of


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:


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


31/87

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:


Retaliation:

NO

Domestic

Violence/Abusive


Leave:

Earned Sick Leave:

Domestic

Worker

Law

Violation:


Other: Y S

If

Other: Sick time

Other Information


From: /2014

T o :_ _ )

Rate of Pay: 1884.62 Salary

Amount

Owed: 15000

Present:

Y S


32/87

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.


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


you and will not disclose this form in response to any request that specifically seeks the request you submitted.



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


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.


33/87

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


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


Sincerely,

Fair Labor Division

617-727-3465


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


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.


35/87

Non-Payment ofWage and Workplace Complaint Form

Employee

Information

Name:

Employer

Information


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:



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:


If Yes, Employer s


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:


NO

If Yes, Action

Against

Explanation:

Location

of Work: Northampton


36/87

Reason for Filing

Minimum Wage:

NO

Non-payment:

YES

Vacation Pay:

NO

Meal Period:

NO

Overtime Pay:

NO


Child Labor:

NO

Unpaid Commissions:

NO

Tips:

NO

Prevailing Wage:

NO


NO

Retaliation:

NO

Domestic

Violence/Abusive


Leave:

NO

Earned Sick Leave:

NO

Domestic Worker Law

Violation: NO

Pay-related disparity: NO

Other: NO

f

Other:

Other Information:


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.


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


request,

we

generally will not disclose your name, address, phone number,

or



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


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.


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.


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


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


Sincerely,

Fair Labor Division

617-727-3465


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


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.


40/87



Name: -


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


Office

of


Fa

ir Labor Division

One Ashburton Place

Boston, MA 02108

-

State: MA

Ext:

State:

Zip: 01060

Zip:

License Plate:


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


If

Yes, Org. Info:


If Yes, Employer s


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


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:


Retaliation:

O

Domestic

Violence/Abusive


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

northampton wage & hour complaints filed with ag's office

Documents