Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

180 | Massachusetts Wage & Hour Peculiarities, 2022 ed. © 2022 Seyfarth Shaw LLP or harmful conduct may have to be suspended rather than terminated for a short period of time until the employer can comply with” the Wage Act. 1093 In addition to treble damages, the prevailing party in a wage and hour suit may recover litigation costs and reasonable attorneys’ fees. 1094 In the case of a settlement that does not resolve the question of attorneys’ fees, prevailing party status is determined under the catalyst test, which assesses whether the plaintiff’s lawsuit is a necessary and important factor in causing the defendant to grant a material portion of the requested relief. 1095 As to the amount of fees, there has been significant litigation regarding what constitutes “reasonable” attorneys’ fees. 1096 This determination is within the discretion of the trial judge, who may consider such factors as the attorneys’ hourly rates, the thoroughness of the attorneys’ documentation of hours worked, and whether the result justifies the costs. 1097 In George v. National Water Main Cleaning Company , the SJC held that statutory prejudgment interest pursuant to Massachusetts General Laws Chapter 231, § 6H should be added to the amount of lost wages and other benefits awarded as damages to a prevailing plaintiff under the Wage Act. 1098 However, interest should not be added to the additional amount of the damages award arising from trebling under the statute. 1099 1093 Id . 1094 Id. ; see Wiedmann , 444 Mass. at 709 n.13. 1095 See Ferman v. Sturgis Cleaners, Inc. , 481 Mass. 488 (2019). In Ferman , the set t lement agreement and associated release expressly reserved the issue of whether plaint iffs’ counsel was ent it led to an award of fees. 1096 M.G.L. ch. 149, § 150; see , e.g. , Killeen v. Westban Hotel Venture, LP , 69 Mass. App. Ct ., 784 (2007) (finding $153,717 award of at torneys’ fees unreasonable where relat ionship between the fees and the result s achieved was disproport ionate because plaint iff recovered only $1.26 in actual damages). 1097 Killeen , 69 Mass. App. Ct . 784. 1098 See George v. National Water Main Cleaning Co. , 477 Mass. 371, 371 (2017). 1099 Id.