The Massachusetts Wage Act is one of the most punitive wage payment laws in the country. Employers who run afoul of its provisions, even unintentionally, are liable for treble damages, attorneys’ fees, and costs.
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In June 2023, a federal judge in the Northern District of Illinois denied Aon Corp.’s request for a temporary restraining order against Alliant Insurance Services, Inc. and nine former Aon employees after they allegedly...more
Beginning on November 1, 2023, employees receiving paid benefits under the Massachusetts Paid Family and Medical Leave law (PFML) can supplement, or “top off,” the state paid benefit with other accrued paid time off such as...more
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace, which presents a legal analysis of the standards for harassment and employer...more
On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking, which would increase the white-collar exemption salary threshold for employees to qualify as exempt under the Fair Labor Standards Act...more
Title VII requires employers to accommodate their employees’ religious practices unless it would impose an “undue hardship on the conduct of the employer’s business.” Fifty years ago, in Trans World Airlines, Inc. v....more
Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets. Finding that...more
The Equal Employment Opportunity Commission (EEOC) has issued a resource outlining potential liability under Title VII of the Civil Rights Act of 1964 (Title VII) for employers who utilize algorithmic decision-making...more
In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To...more
On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more
Beth Reuter was terminated from her employment with the City of Methuen (the “City”). On her termination date, the City failed to pay Ms. Reuter for her accrued, unused vacation time, as required by M. G. L. c. 149, § 148...more
Following House approval of H.R. 4445 with overwhelming support (335 Yeas to 97 Nays) on February 7, 2022, the Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 by voice vote on...more
2/15/2022
/ Arbitration ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Joe Biden ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to...more
The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.
The Massachusetts...more
On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) once again issued updated FAQs concerning the application of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title...more
10/27/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Pregnancy Discrimination ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
The Massachusetts Department of Family Medical Leave (DFML), which administers the Paid Family and Medical Leave (PFML) law in Massachusetts has published important information regarding an increase in the amount of weekly...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
The latest trends and developments in the class action world.
Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions.
Requirement of Concrete...more
9/23/2021
/ Appeals ,
Article III ,
Auto-Dialed Calls ,
Class Action ,
Facebook Inc v Duguid ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Office of Foreign Assets Control (OFAC) ,
Putative Class Actions ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
Employee misclassification continues to be the largest source of class action litigation in the logistics industry.
California Trucking Association v. Bonta May Head to the Supreme Court -
Independent contract...more
9/22/2021
/ ABC Test ,
Appeals ,
Class Action ,
Class Certification ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Misclassification ,
NLRA ,
Putative Class Actions ,
Reversal
On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more
Most benefits under the Massachusetts Paid Family Medical Leave (MA PFML) became available to eligible employees on January 1, 2021. The final benefit, leave to care for a family member with a serious health condition,...more
Effective May 28, 2021, Massachusetts employers are required to make paid leave time available to employees for COVID-related illnesses, quarantine, and vaccinations. Paid leave benefits are paid by the employer and then...more
The Supreme Court has issued a much anticipated opinion on the scope of the Computer Fraud and Abuse Act (the CFAA), holding in Van Buren v. United States that an individual “exceeds authorized access” under the CFAA when he...more
The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more