Posts Tagged Law

February Business Client Spotlight: APC Autobody

http://www.apcautobody.com/

28 Ventura Drive, North Dartmouth, Massachusetts | 508-998-9820 | 

In 2011 APC Autobody Celebrated 20 years in business repairing vehicles to pre-accident condition. They serve the consumer directly and deal with all the major carriers on their behalf. Customer satisfaction is their number one goal, and they will work tirelessly to ensure satisfied customers.

We asked Al Correia, Owner, a few questions about his business as well as his relationship with Phillips|Garcia Law.

How did you get into this type of work? I began my automotive career working in a neighbor’s garage learning how to repair cars. When I realized I had a special talent for this type of work, I went to work at a modern repair shop. Soon after I knew I wanted to open and operate my own facility.

What do you like about being in business for yourself? I like being in control of my personal and business future, making decisions that are best for me, my employees, and my customers.

What challenges do you face as a small biz owners? Politics, Taxes, and Red Tape. We do our best to run a clean and efficient operation, to be proactive rather than reactive, and to make sure everything is done correctly including paperwork.

How has Phillips|Garcia Law helped? P&G helps us maintain a healthy business. This includes any State or Federal filings, setting up new corporations, researching land we may want to purchase, and or course litigation if required. They have been a full service legal resource for APC.

If you would like contact Phillips|Garcia Law send us and email at info@phillipsgarcia.com or fill out a contact form on our firm page. www.PhillipsGarcia.com

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Massachusetts Wage Law: Employer Pays Triple Damages for Failing to Follow the Law

A Massachusetts judge found that a Boston business violated the Massachusetts wage law when it deducted money from an employee’s weekly paycheck for a retirement contribution but then never deposited the wages into a retirement account. The judge then awarded triple damages of $25,814 plus attorney’s fees to be paid to the employee.

 The Boston real estate investment and development company had promised its employee that it would set up a retirement account into which the employee could make contributions. In December 2005, the employer began deducting money from the employee’s weekly paychecks. These deductions went on for at least two years.

 During those next two years, the employee made inquiries about the status of his retirement account and his funds, but the employer’s administrators ignored him. The judge found that the employer never bothered getting around to setting up the account and instead withheld the money. The amount of the weekly deductions over this time frame was $8,604.80.

 Sometime in the Spring of 2009, the company offered the employee a check for the $8,604, but as a condition for the money, the employee was to release any claims. The employee refused and then filed the lawsuit alleging that by withholding the money from his paycheck but not putting it into a retirement account, as promised, was a violation of the Massachusetts Wage law.

 There are lessons to be learned by all Massachusetts business owners by this case:

 First, the Wage Act states that an employer must pay an employee his wages within six days of the ending of the pay period during which those wages were earned. So, for example, if a weekly pay period is Monday through Saturday, then an employee must receive his wages by the following Friday. In this case, by withholding weekly deductions from its employee and not putting them into a retirement account as promised, the judge found the employer had failed to pay its employee within the six-day time period allowed under the law.

 Second, the Wage Act has very harsh penalties. Under the version of the Wage law adopted in July 2008, when an employee proves that the employer violated this section of the Act, then the court must award triple damages. It is mandatory. And, the employee is entitled to recover his attorney’s fees and expenses. So, in this case the judge multiplied the employee’s back wages of $8,604 by three and ordered damages of $25,814. The judge also allowed the employee to seek an award of his attorney’s fees and costs (that amount had not been decided as of the publication of this news story).

If you would like to learn more about Massachusetts Wage laws and your responsibility as a business owner, contact us at 508-998-0800 or email me at agarcia@phillipsgarcia.com. As always you can find out more at our website www.phillipsgarcia.com or scan the code above.

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Update: Dartmouth Massachusetts Lawyer Takes on Bank of America in California Federal Court

Today, Attorney Andrew Garcia from Phillips & Garcia Law is scheduled to appear at Federal Court in Sacramento, Ca. Today’s meeting is for a Rule 16 Scheduling conference for a case against America’s largest bank, Bank of America. Your probably wondering “what exactly is a Rule 16 Scheduling conference?” Check out this link from the Cornell Law School.

You can follow Andrew’s twitter here, where he will be updating us on his day.

Phillips & Garcia is known for being a small yet powerful firm always fighting for the common consumer and their rights. They specifically select only a handful of clients in order to exert the right amount of time and care into each case. All too often the rights of consumers are ignored by BIG corporations who are looking out for their bottom line.” From the insurance company to the big bank, Phillips & Garcia is always fighting for the rights of the common consumer.

For more information about big bank cases check out our earlier post or go to our website.

If you are interested in learning more about his Business Legal Planning services, just contact him at agarcia@phillipsgarcia.com or by calling (508) 998-0800.

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Local Lawyer of Dartmouth Ma. Takes on Bank of America in California Federal Court

Local Dartmouth Ma. lawyer Andrew Garcia of Phillips & Garcia Law is currently flying over the continental United States on his way to California Federal Court to take on the largest American bank, Bank of America. Andrew’s trip is for a widely publicized illegal lock-out and trash-out case.

You can follow Andrew for updates on twitter.

Check out earlier discussions about illegal lockout and trash-out cases with Phillips & Garcia featured on the Today Show and Countdown with Keith Olbermann.

For more information check out our website here. If you have a smartphone scan below.

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