Donis v. American Waste Services, LLC (2020)

This case was before the Massachusetts Supreme Judicial Court (SJC) on further appellate review, and the Court requested amicus briefing on an important issue of personal liability under Massachusetts’s wage laws: When an employee sues his employer for underpayment under § 27F of the Massachusetts Prevailing Wage Act, G. L. c. 149, § 27F, a detailed statute that regulates the wages of employees performing under certain public works contracts, can that employee also sue the employer’s “president and treasurer . . . and any officers or agents having the management of such corporation,” as provided under the general Massachusetts Wage Act, G. L. c. 149, § 148? Section 27F contains its own liability and private remedies provisions, which do not impose any such personal liability on corporate officers.


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