In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more
Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more
3/21/2024
/ Adverse Employment Action ,
Business Strategies ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Punitive Damages ,
Race Discrimination ,
Reverse Discrimination ,
Sex Discrimination
In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more
On April 4, 2022, the Massachusetts Supreme Judicial Court adopted an even more employee-friendly approach to damages for Wage Act violations in the Bay State. In Reuter v. City of Methuen, No. SJC-13121 (Mass. April 4,...more
Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more
1/31/2020
/ Aetna ,
Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Independent Contractors ,
Job Duties ,
Misclassification ,
Nurses ,
Over-Time ,
Summary Judgment ,
Wage and Hour ,
White-Collar Exemptions
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver -
Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more