March 27, 2014:
The Law Offices of Joshua N. Garick, P.C., together with co-counsel, filed a class action lawsuit in federal court against The Boston Institute for Psychotherapy, Inc. (“BIP”) alleging that BIP failed to pay its employees in accordance with the Massachusetts Wage Act and that BIP misclassified its employees as “independent contractors” in violation of Massachusetts law. The lawsuit alleges that BIP classified its psychotherapy clinicians, and other employees, as “independent contractors” to avoid expenses commonly associated with having employees, such as employment tax, health insurance, unemployment insurance, workers’ compensation and other employee benefits. The lawsuit also claims that BIP, by classifying these employees as “independent contractors,” attempted to skirt the Massachusetts Wage Act by paying its employees once per month, which exceeds the permissible time frame allowed by law.
The lawsuit, filed in the United States District Court for the District of Massachusetts seeks class certification on behalf of all current and former clinicians and other employees who were affected by BIP’s unlawful payroll practices.
The Law Offices of Joshua N. Garick, P.C. has extensive experience in employment disputes, including wage/hour claims such as unpaid wages, unpaid commissions, unpaid overtime, unpaid vacation time, minimum wage violations, tips violations and improper tip pools, anti-retaliation laws, and misclassification of employees/independent contractors. In most instances, Massachusetts law allows an employee who sues their employee three times the amount they are owed, plus attorneys’ fees and costs they incurred to file a lawsuit. Federal laws such as the Fair Labor Standards Act also afford employees similar punitive damages for violations of wage-related laws. This provides great incentive for an employee to vindicate his or her rights when an employer violates the law by failing to compensate its employees for their hard work. If you have questions or concerns about the payroll practices of your employer, please contact us to discuss your legal options.