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Steffans Legal Current Representations in Claims for Unpaid Wage, Overtime, and Tips Act Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod


Ben Steffans currently represents a number of clients in unpaid wage, UNPAID overtime, UNPAID BONUSES, UNPAID COMMISSIONS, and tipS act claims.  A summary of a sample of those matters is below.

  • Group of restaurant employees, Great Barrington, Berkshire County in claims for wrongfully diverted tips and service charges. That claim is currently pending in Berkshire County Superior Court in Pittsfield and includes claims brought under the Massachusetts Tips Act.

  • Class of Delivery Drivers, Berkshire County, Massachusetts in claims that their employer, a pizza chain of restaurants, violated the Massachusetts Tips Act and the Massachusetts Wage Act by charging customers a delivery charge and not distributing that charge to the driver and failing to compensate or reimburse the drivers for travel-related expenses including mileage on their vehicle. A complaint has been filed in Berkshire County Superior Court in Pittsfield.

  • Class of Insurance Agents, Massachusetts in claims that their employer, a large insurance company, violated the Massachusetts Wage Act, the Massachusetts Overtime Act, and Massachusetts common laws in regards to their employment and payment of wages. As employees they were required to pay for business related expenses such as: rent, office furniture, mileage, and business insurance. The agents had to pay for these business related expenses either as unlawful deductions from their wages or as out-of-pocket expenses. We claim that requiring the employees to pay these expenses violated the Massachusetts Wage Act and that the employer violated the Massachusetts Wage Act by misclassifying the employees as outside salespeople. Also, we claim the failure to reimburse for travel expenses and mileage violated the Massachusetts Wage Act. A lawsuit has been filed in Berkshire County Superior Court in Pittsfield.

  • Restaurant, Pittsfield, Berkshire County against claims brought by former employees for alleged violations of the Massachusetts Tips Act regarding unlawful tip pooling.

  • National Manager of Group Sales, Douglas, Worcester County in unpaid wage claims against a large restaurant chain headquartered in Boston, Massachusetts. This case includes claims of unpaid commissions, unpaid overtime, and misclassification as an exempt employee. These claims arise under the Massachusetts Wage Act and Fair Labor Standards Act.

  • Café Manager, West Harwich, Barnstable County in unpaid wages and unpaid overtime claims against her former employer. We are alleging that the employer improperly classified our client as exempt from overtime under the Massachusetts Wage Act and the Fair Labor Standards Act. As a result, we are pursuing claims of unpaid overtime under both statutes, as well as a claim for unpaid vacation time under the Massachusetts Wage Act.

  • Carpenter, Bourne, Barnstable County in claims of unpaid wages and unpaid overtime in violation of the Massachusetts Wage Act and Fair Labor Standards Act. The employer failed to pay our client for all hours worked and failed to pay him time and a half for hours worked over forty in a workweek. If these claims are not resolved pre-suit they will be filed in Barnstable County Superior Court in Barnstable.

  • Parent Liaison, Fall River, Bristol County in unpaid overtime claims against her former employer. The school district improperly classified our client as exempt from overtime in violation of the Massachusetts Wage Act and the Fair Labor Standards Act. As a result, our client was not paid overtime for all hours worked over 40 in a workweek, in violation of both of those statutes. This case also includes a claim for disability discrimination in violation of the Americans with Disabilities Act in that the employer failed to provide our client with a leave of absence so that she could treat a disability. If the claim is not resolved pre-suit, it will be filed in Bristol County Superior Court in New Bedford.

  • Systems Administrator, Northbridge, Worcester County in claims of breach of contract and unpaid overtime against his former employer a school district. Our client was misclassified as an exempt employee and is owed overtime under the Massachusetts Wage Act and the Fair Labor Standards Act. A complaint has been filed in Worcester County Superior Court and includes claims of unpaid wages, unpaid overtime, and breach of contract.

  • Manufacturing Employee, Great Barrington, Berkshire County in claims of unpaid overtime and unpaid wages. We claim that the plastics manufacturer failed to pay for all hours worked during a pay period and, instead, paid according to a workweek that did not match the pay period. This claim includes violations of the Fair Labor Standards Act and the Massachusetts Wage Act.

  • Class of Grocery Employees, Pennsylvania in claims of unpaid overtime and unpaid wages. Here the employer, a large grocery store chain, impermissibly utilized the fluctuating workweek to avoid having to pay time-and-a-half for all hours worked over 40 in a workweek. A complaint has been filed on behalf of our client and all others similarly situated in the Pennsylvania Court of Common Pleas, and we are seeking to have this case certified as a class action and collective action.

  • Class of Chemical Plant Workers, Massachusetts in claims of unpaid overtime and unpaid wages. In this matter, we claim that the employer, an international chemical manufacturer, failed to compensate hourly employees for the time they spent putting on (donning) and taking off (doffing) protective equipment. We will seek to have this case certified as a class action and collective action. This claim includes violations of the Fair Labor Standards Act and the Massachusetts Wage Act.

  • Group of Gas Station Convenience Employees, Massachusetts in claims of unpaid wages and unpaid overtime. In this case, we claim that the employer, a statewide gas station and convenience store chain, failed to pay hourly employees for all hours, including for duties performed before and after their shift. This claim includes violations of the Massachusetts Wage Act and Fair Labor Standards Act and will be filed in Springfield Superior Court. This claim will include unpaid overtime and unpaid wages for employees working in Chicopee, Springfield, West Springfield, Holyoke, East Longmeadow, Agawam, Ludlow, Westfield, Easthampton, Southwick, Palmer, Northampton, and Hadley.

  • Chef and Operations Manager, Falmouth, Barnstable County in claims that their former employer violated the Massachusetts Wage Act by failing to pay at least minimum wage and failing to pay overtime for hours worked over 40 in a workweek. The employees were paid a stipend to oversee summer operations of a theater company. We assert that this stipend failed to compensate the employees according to Massachusetts minimum wage and overtime laws as the employees were required to be at the work location 7 days a week and were on call when they were not working. If these claims are not resolved pre-suit they will be filed at the Barnstable County Superior Court in Barnstable.

  • General Manager, Marlborough, Middlesex County in claims of unpaid overtime under the Fair Labor Standards Act and Massachusetts Wage Act. We claim that the former employer, a national hotel chain, misclassified our client as exempt from overtime and as a result failed to compensate him for all hours worked over 40 in a workweek. If the claim is not resolved pre-suit, it will be filed in Middlesex County Superior Court in either Woburn or Lowell.

  • Metal Fabricator, Great Barrington, Berkshire County in claims of unpaid wages and unpaid overtime in violation of the Massachusetts Wage Act and the Fair Labor Standards Act. The employer, a metal fabrication workshop, failed to pay our client for all hours worked including overtime for hours worked over forty in a workweek. If this claim is not resolved pre-suit, a wage complaint will be filed with the Massachusetts Attorney General’s Office and subsequently a lawsuit will be filed in Berkshire County Superior Court in Pittsfield.


Steffans Legal Current Representations in Discrimination Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod


Ben Steffans currently represents a number of clients in unlawful discrimination claims.  A summary of a sample of those matters is below.

  • Teacher, Osterville, Barnstable County in age discrimination claim against a private high school. The employee was looked over for promotions and replaced by a younger less experienced candidate. This claim has been filed with the Massachusetts Commission Against Discrimination’s New Bedford office.

  • Sales and Service Support Coordinator, Sutton, Worcester County in a disability discrimination claim against her former employer. Our client was terminated the day after disclosing to her employer that she was diagnosed with cancer. We allege that the employer violated the Massachusetts Equal Rights Act (MERA) that prohibits employers from discriminating against individuals with a disability. The employer is based in Millbury. The complaint we filed in this matter is currently pending in Worcester County Superior Court.

  • Pro Sales Specialist, Lynn, Essex County in a complaint filed at the Massachusetts Commission Against Discrimination (MCAD) against a large home improvement store. In this action, we allege racial discrimination, disability discrimination, and retaliation, as well as violations of the Family and Medical Leave Act. His complaint includes hostile work environment claims.

  • Member Services Representative, Shrewsbury, Worcester County in claims of unlawful disability harassment and disability discrimination against her former employer. The employer failed to reasonably accommodate leave protected under the Americans with Disabilities Act. She was also subject to discriminatory comments from a supervisor about her disability in violation of the Americans with Disabilities Act and Massachusetts General Laws Ch. 151B. This claim is currently pending at the Massachusetts Commission Against Discrimination (MCAD) in its Worcester office.

  • Server, Dennis Port, Barnstable County in claims of disability discrimination and violation of the Massachusetts Earned Sick Time Law. The restaurant failed to reasonably accommodate the server’s disability and violated the Earned Sick Time Law by terminating her for not showing up for a scheduled shift due to hospitalization. If this claim is not resolved pre-suit, it will be filed at the Massachusetts Commission Against Discrimination (MCAD) in its New Bedford office.

  • School Principal, Worcester, Worcester County in claims of disability discrimination and retaliation under the Family and Medical Leave Act against her former employer. We assert that the school district violated the Americans with Disabilities Act and the Family Medical Leave Act when it failed to renew our client’s contract and notified her of the termination while she was on protected leave under the Family and Medical Leave Act. This claim is pending at the Worcester office of the Massachusetts Commission Against Discrimination.

  • Certified Nursing Assistant (CNA), Holyoke, Hampden County in claims of unlawful disability discrimination under the Americans with Disabilities Act and retaliation under the Family and Medical Leave Act against her former employer a large hospital in Hampden County. The hospital failed to provide a reasonable accommodation and failed to allow our client to return to work from FMLA leave. If this claim is not resolved pre-suit, it will be filed at the Massachusetts Commission Against Discrimination in its Springfield office.

  • Electrician, Adams, Berkshire County advising client on possible disability discrimination and navigating returning to work after prolonged leave under the Family and Medical Leave Act and the Americans with Disabilities Act.

  • Non-Profit Executive, Amherst, Hampshire County in claims regarding disability discrimination, failure to give a reasonable accommodation to a disabled employee, and interference with rights under the Family and Medical Leave Act (FMLA). During our client’s leave, the employer, a large NGO based in California, interfered with our client’s FMLA rights by forcing her to work while on leave, reducing her pay, and also failed to provide a reasonable accommodation.


Steffans Legal Current Representations in Retaliation Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod


Ben Steffans currently represents a number of clients in unlawful retaliation claims.  A summary of a sample of those matters is below.

  • Service employee, Worcester, Worcester County in claims of unlawful retaliation regarding complaints of unlawful sexual harassment. This claim is pending at the Massachusetts Commission Against Discrimination in Worcester and includes claims arising under the Massachusetts Fair Employment Act / Chapter 151B, Massachusetts’s version of Title VII.

  • Food Service Worker, Sterling, Worcester County in an Occupational Safety and Health Act (OSHA) unlawful retaliation claim against a baked goods and coffee chain. The employee was unlawfully fired the day after complaining about a health and safety violation.

  • Director of Marketing and Brand Relations, Worcester, Worcester County in claims of unlawful retaliation and post-employment retaliation in violation of the Massachusetts Wage Act. The former employer, an investment bank, reduced the employee’s hours then terminated employment shortly after the employee complained about an unpaid bonus.

  • Pro Sales Specialist, Lynn, Essex County in a complaint filed at the Massachusetts Commission Against Discrimination (MCAD) against a large home improvement store alleging retaliation after our client complained to human resources about racial discrimination, harassment, and threatening behaviour from a fellow employee.

  • Accountant, Barnstable County in claims of unlawful retaliation in violation of the Massachusetts Whistleblower Protection Act as well as interference with our client’s rights under the Family and Medical Leave Act.

  • Interior Designer, Bourne, Barnstable County in claims of unlawful gender discrimination, unlawful retaliation, and unpaid overtime against her former employer a kitchen design and installation company. Our client was subjected to unlawful retaliation after complaining that male designers were paid more through commissions and benefits than female designers. We also claim that our client was misclassified as a salaried exempt employee and is owed overtime for hours worked over 40 in a workweek. If these claims are not resolved pre-suit they will be filed at the Massachusetts Commission Against Discrimination’s New Bedford office and subsequently filed at the Barnstable County Superior Court in Barnstable.


Steffans Legal Current Representations in Harassment and Bullying Claims in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod


Ben Steffans currently represents a number of clients in unlawful harassment and bullying claims.  A summary of a sample of those matters is below.

  • Restaurant General Manager, Fall River, Bristol County in sexual harassment, discrimination, and hostile work environment claims against his former employer a restaurant in Somerville, Middlesex County. The claims arise under Title VII of the Civil Rights Act and its Massachusetts corollary, Massachusetts General Laws. c. 151B. If this claim is not resolved pre-suit, it will be filed at the Massachusetts Commission Against Discrimination in its New Bedford office.

  • Maintenance Worker, Brockton, Plymouth County in claims of racial harassment, interference with rights under the Family and Medical Leave Act, and unlawful retaliation against his former employer, a large hospital in Boston. Our client was called racial slurs by a supervisor in violation of Title VII of the Civil Rights Act and its Massachusetts equivalent M.G.L. c. 151B. Our client was not allowed to use intermittent leave under the Family and Medical Leave Act that he had been approved to care for a sick parent and was subsequently terminated for absences related to caring for his sick parent and his own medical condition. This claim would be filed with the Massachusetts Commission Against Discrimination in New Bedford and ultimately at the Plymouth County Superior Court in either Plymouth or Brockton.


Steffans Legal Current Representations in Employment Agreements, Separation Agreements, Non-Compete Agreements, and Non-Solicit Agreements in Pittsfield, North Adams, Springfield, Worcester, Lowell, Fall River, New Bedford, and Cape Cod


Ben steffans currently represents clients in various claims involving employment agreements, separation agreements, and non-compete and non-solicit agreements, including the following.  

  • Pharmaceutical consulting company, Shrewsbury, Worcester County regarding negotiations with third parties concerning terms of relationship including ownership of intellectual property, confidentiality of trade secrets and proprietary information, and non-competition and non-solicitation restrictions.

  • Director of Marketing and Brand Relations, Worcester, Worcester County in connection with her employer’s efforts to enforce a non-compete and non-solicit agreement as well as allegations of misappropriated trade secrets.

  • Executive Assistant classified as an Independent Contractor, Sturbridge, Worcester County in connection with her former employer’s efforts to enforce a non-disclosure agreement. This dispute includes disputes as to whether the non-disclosure agreement was enforceable, whether it amounted to an unenforceable non-compete, and whether the employer violated Massachusetts wage and hour laws by classifying our client as an independent contractor and by not paying overtime, minimum wage, and mileage and transportation expenses and reimbursements.

  • Accountant, Pittsfield, Berkshire County in negotiating terms of a separation agreement after the employee was terminated. The employee believed the termination was in retaliation for reporting potential wage and hour violations to the board of directors of a non-profit organization.

  • Director of Information Technology and Information Technology Administrator, Sheffield, Berkshire County in negotiating severance and separation agreements with their employer, a private school in Berkshire County.

  • Vice President of Advancement, Stockbridge, Berkshire County in breach of contract and detrimental reliance claims against a prospective employer. Our client, a Michigan resident, negotiated terms and accepted an offer of employment, only to have the job offer rescinded. The claims are brought under common law theories of breach of contract, detrimental reliance, and promissory estoppel.