Cook v. Patient Edu, LLC, 465 Mass. 548

Cook sued Patient Edu, LLC and two managers for unpaid wages under the Wage Act.
The trial judge dismissed count one against Graziano and Schulman under Rule 12(b)(6).
Cook’s employment contract alleged base salary and expenses; payments were sporadic and incomplete.
The issue is whether LLC managers can be personally liable under G. L. c. 149, § 148.
Court reviews de novo the grant of a motion to dismiss, considering attached materials.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether LLC managers can be personally liable under the Wage Act	Cook argues managers are liable as those who have employees in service.	Defendants contend only specified entities/roles are liable under statute.	Yes; managers may be liable if they control policy and wage decisions.
Interpretation of 'person having employees in his service' in § 148	Legislature intended broad liability to include managers with control.	Liability should be limited to explicit corporate/officer provisions.	The phrase extends to LLC managers who control policy and payroll.
Impact of statutory amendments and legislative history on scope	Amendments show broader intent to include managers of entities beyond corporations.	Amendments do not definitively change scope; shall not infer broader intent.	Legislative intent supports broad liability for managers; no exclusion for LLCs.

Wiedmann v. The Bradford Group, Inc., 444 Mass. 698 (Mass. 2005) (corporate officers liable when they control policy)
Commonwealth v. Cintolo, 415 Mass. 358 (Mass. 1993) (criminal liability for wage-related statute example)
Massachusetts Bay Transp. Auth. v. Massachusetts Comm’n Against Discrimination, 450 Mass. 327 (Mass. 2008) (illustrates non-exhaustive list interpretation of statute)
Boston Police Patrolmen’s Ass’n, Inc. v. Boston, 435 Mass. 718 (Mass. 2002) (statutory interpretation guiding liberal construction)