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MULLALLY v. WASTE MANAGEMENT OF MASSACHUSETTS, INC.

SJC-10181

452 Mass. 526 (2008)

MICHAEL MULLALLY & another v. WASTE MANAGEMENT OF MASSACHUSETTS, INC.

Supreme Judicial Court of Massachusetts, Norfolk.

November 6, 2008.

Attorney(s) appearing for the Case

Paul E. Nemser for the defendant.

F. Henry Ellis, III, for the plaintiffs.

Donald Siegel & Nicole Horberg Decter, for Massachusetts Building Trades Council, amicus curiae, submitted a brief.

Karla E. Zarbo, Assistant Attorney General, for the Commonwealth & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

SPINA, J.

The plaintiffs, who represent a class of waste disposal truck drivers and laborers currently or formerly employed by the defendant, Waste Management of Massachusetts, Inc. (Waste Management), commenced a suit against Waste Management alleging, inter alia, that its payroll formula violated G. L. c. 149, § 27F, which mandates a particular minimum wage for certain public works contracts, and G. L. c. 151, § 1A, which governs overtime compensation...

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