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Do employees recover attorneys’ fees when a Massachusetts Wage Act case resolves through a settlement?

The Massachusetts Wage Act provides that an employee who “prevails” in an action to recover unpaid wages “shall … be awarded the costs of the litigation and reasonable attorneys’ fees.” This “fee-shifting” provision is an exception to well-established “American Rule” under which each party bears his or her own attorneys' fees, win or lose. In cases where ...

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