Lipsitt v. Plaud

Docket NumberSJC-11285
Decision Date12 August 2013

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89 cases
  • Crowe v. Examworks, Inc.
    • United States
    • U.S. District Court — District of Massachusetts
    • September 30, 2015
    ...23(b).25 Count V presents a common law claim for breach of contract distinct from the statutory requirements. See Lipsitt v. Plaud, 466 Mass. 240, 994 N.E.2d 777, 785–87 (2013). This Count hinges on whether any individual employee worked through lunch, how often, and whether that work was d......
  • Grim v. E. Elec., LLC
    • United States
    • West Virginia Supreme Court
    • November 25, 2014
    ...workers on public projects be paid reasonable wages” (internal quotations and citations omitted)).4 See also Lipsitt v. Plaud, 466 Mass. 240, 245, 994 N.E.2d 777, 783 (2013) (recognizing that “[t]he purpose of the Wage Act is to prevent the unreasonable detention of wages” and that “[t]he W......
  • Fernandes v. Attleboro Hous. Auth.
    • United States
    • Supreme Judicial Court of Massachusetts
    • November 19, 2014
    ...967 N.E.2d 580 (2012), quoting Boston Police Patrolmen's Ass'n v. Boston, 435 Mass. at 720, 761 N.E.2d 479. See Lipsitt v. Plaud, 466 Mass. 240, 245, 994 N.E.2d 777 (2013). It was designed, among other purposes, “to protect wage earners from the long-term detention of wages by unscrupulous ......
  • Town of Sudbury v. Mass. Bay Transp. Auth.
    • United States
    • Supreme Judicial Court of Massachusetts
    • September 22, 2020
    ...to the complaint, and undisputed documents provided by the parties in connection with the proceedings. See Lipsitt v. Plaud, 466 Mass. 240, 241, 994 N.E.2d 777 (2013) ; United States ex rel. Winkelman v. CVS Caremark Corp., 827 F.3d 201, 208 (1st Cir. 2016).5 An alternative route, which Eve......
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3 firm's commentaries
  • Massachusetts Court Dismisses Brand Owner’s Suit against Wholesaler
    • United States
    • LexBlog United States
    • October 30, 2017
    ...‘an existing common law remedy is not to be taken away by statute unless by direct enactment or necessary implication.’” Lipsitt v. Plaud, 466 Mass. 240, 244 (2013), quoting Ferriter v. Daniel O’Connell’s Sons, 381 Mass. 507, 521 (1980). Chapter 138 does not contain any express language abr......
  • Supreme Judicial Court Focuses On Wage And Hour Cases
    • United States
    • Mondaq United States
    • March 13, 2014
    ...managers to include any individual "with the authority to shape the employment and financial policies of an entity." In Lipsitt v. Plaud, 466 Mass. 240, the Court ruled that the Wage Act does not prevent an employee from bringing common law claims such as breach of contract based on the non......
  • The Rising Stakes In Massachusetts Wage Litigation
    • United States
    • Mondaq United States
    • November 2, 2013
    ...In Lipsitt v. Plaud, however, the court directly addressed the issue of whether the MWA is the exclusive remedy to recover unpaid wages. 466 Mass. 240 (2013). The decision could have significant consequences. In Lipsitt, a museum director sued for unpaid compensation that was more than thre......