COHEN, J.
In this action pursuant to the Massachusetts Wage Act, G. L. c. 149, §§ 148,
On stipulated facts, a judge of the Superior Court concluded that Dow had more than sufficient "contacts" with Massachusetts to afford him the protection of the Wage Act. Accordingly, he ruled in favor of Dow on the parties' cross motions for summary judgment, and entered separate and final judgment for Dow.
Facts. We summarize the stipulated facts that bear on the issue presented. At all relevant times, Starbak was a Massachusetts-based developer and manufacturer of video conferencing software and hardware. Dow began working for Starbak on January 3, 2006, and, throughout his tenure with the company, was its only
While working for Starbak, Dow resided in Florida; however, he served Starbak customers in at least thirty States. His job caused him to travel to at least nineteen of those States, including Massachusetts, where he served between eleven and nineteen customers. Dow traveled to Massachusetts about twelve times in 2008, and eight or ten times in 2009. Unless he was required to visit a customer site, Dow could and did work from home in Florida, contacting the customers by either telephone or electronic mail (e-mail). Starbak paid for Internet service at Dow's home and expressly approved his telecommuting status.
At all relevant times, Starbak had a single office — initially located in Newton, and later located in Burlington. Dow did not have dedicated office space at either location, but he used the same cubicle each time he was present. The business cards issued to Dow by Starbak showed his contact information as Starbak's Massachusetts address, telephone number, and facsimile transmission number. All paperwork related to Dow's sales was generated in Massachusetts; all purchase orders from his customers were sent to Massachusetts; all invoices were sent from Massachusetts; and all payments were sent to Starbak in Massachusetts.
Dow reported to Starbak by contacting Casale in Massachusetts. The two spoke several times per week and communicated by e-mail almost daily with regard to new products, product changes, sales promotions and trade shows, customer sales forecasts and complaints, and other subjects related to the sale of Starbak's products.
Dow's paychecks were issued by Starbak in Massachusetts. His compensation consisted of an annual base salary plus commissions on sales, pursuant to a written commission plan. Commissions were calculated quarterly, and the amount due was payable on the second pay period following the end of each quarter. From October 31, 2008, onward, Starbak routinely
On January 29, 2010, an involuntary bankruptcy petition was filed against Starbak. Less than one month later, Starbak ceased business operations and terminated all employees, including Dow. Dow received his final base pay through February 5, 2010, but did not receive reimbursement of certain expenses, compensation for fifteen days of accrued but unused vacation time, and upwards of $100,000 in unpaid commissions.
Discussion. "The purpose of the Wage Act is `to prevent the unreasonable detention of wages.'" Melia v. Zenhire, Inc., 462 Mass. 164, 170 (2012), quoting from Boston Police Patrolmen's Assn. v. Boston, 435 Mass. 718, 720 (2002). Section 148 of the Wage Act provides, in pertinent part: "Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him ... and any employee discharged from such employment shall be paid in full on the day of his discharge...." Such "wages" include, among other things, holiday or vacation pay due under an oral or written agreement, and commissions that are "definitely determined" and "due and payable" to the employee. G. L. c. 149, § 148.
Section 150 of the Wage Act establishes both public and private mechanisms for enforcement. "The [A]ttorney [G]eneral may make complaint or seek indictment against any person for a violation of § 148." In addition, "[a]n employee claiming to be aggrieved by a violation of ... § 148 ... may, 90 days after the filing of a complaint with the [A]ttorney [G]eneral, or sooner if the [A]ttorney [G]eneral assents in writing, and within 3 years after the violation, institute and prosecute ... a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits." If the employee is successful, the employee is entitled to a mandatory award of treble damages, as well as attorney's fees and costs. G. L. c. 149, § 150.
Although Casale acknowledges in his brief that the Attorney General "presumably" would have the power to enforce the Wage Act directly against a noncompliant Massachusetts employer, he argues that the private right of action under § 150 should not be extended to a nonresident employee who did not
In support of his position, Casale points to a Superior Court decision, Hadfield vs. A.W. Chesterton Co., Middlesex Superior Court No. 20084382 (Sept. 15, 2009), which concerned the applicability of the Wage Act to a citizen of Australia who was employed by a Massachusetts-based employer to work as a sales manager in sub-Saharan Africa.
Hadfield is readily distinguishable because of its international context.
The trial court judge, analogizing to the law of personal jurisdiction, concluded that Dow's contacts with Massachusetts were sufficient to afford him a remedy under § 150. We agree with the judge's assessment, although the analysis is better framed in terms of choice-of-law doctrine. See Taylor v. Eastern Connection Operating, Inc., supra at 198, citing Leflar, Choice-Influencing Considerations in Conflicts Law, 41 N.Y.U. L. Rev. 267, 306 (1966). See also O'Connell v. Chasdi, 400 Mass. at 689 n.3 (citing choice-of-law precedent, Saharceski v. Marcure, 373 Mass. 304, 310-312 [1977], in support of the observation that the Massachusetts Civil Rights Act may provide the plaintiff with a remedy for the defendant's out-of-State conduct).
In accordance with choice-of-law doctrine, so long as the requisite criteria are met, the application by a State of its local law is not an impermissible "extraterritorial" assertion of its authority. The overarching limiting principle, as set forth in the Restatement (Second) Conflict of Laws § 9 (1971), is that "[a] court may not apply the local law of its own [S]tate to determine a particular issue unless such application of this law would be
Here, as compared to any other State,
Indeed, given the particular nature of Dow's work, his employment
In short, in the circumstances presented, where the Commonwealth has such a close connection to the parties and their employment relationship, it is entirely reasonable to apply local law to Dow's claim and to afford him the remedy provided by § 150. The judgment for Dow is therefore affirmed.
So ordered.