Dixon v. City of Malden

We transferred this case from the Appeals Court on our own motion to consider whether undifferentiated *447gratuitous weekly payments made by the city of Malden (city) to the plaintiff, Gary Dixon, after he was discharged covered his claim for unpaid vacation days under G. L. c. 149, §§ 148 and 150 (Wage Act). The plaintiff appeals from a judgment of the Superior Court dismissing his claim against the city. He asserts that a Superior Court judge erred in dismissing his claim under the Wage Act for vacation pay, costs, attorney’s fees, and treble damages on the ground that, although the manner of…