News2022-04-20T14:42:53-04:00

Client Alert – Massachusetts Enacts CROWN Act Impacting Employers, Employees, Schools, and Students Across the Commonwealth

By: Greg Vanden-Eykel

On July 26, 2022, Governor Baker signed the CROWN Act (Creating a Respectful and Open World for Natural Hair) into law making Massachusetts the 18th state to enact this type of law.

The CROWN Act adds “natural or protective hairstyle” to the list of protected classes in several existing statutes that impact private and public sector employers, as […]

July 26th, 2022 - 2:07pm|Categories: Articles & Publications, Construction and Real Estate Development|

Michelle De Oliveira quoted in Massachusetts Lawyers Weekly article discussing a recent 1st U.S. Circuit Court of Appeals decision in Frith, et al. v. Whole Foods Market, Inc., et al.

Partner Michelle De Oliveira was quoted in Massachusetts Lawyers Weekly article, “ ‘Alternate explanation’ sinks suit over ‘Black Lives Matter’ mask ban” from July 8th.  The article discusses a recent 1st U.S. Circuit Court of Appeals decision, Frith, et al. v. Whole Foods Market, Inc., et al., holding that Whole Foods employees who were disciplined for wearing Black Lives […]

July 19th, 2022 - 12:00pm|Categories: Articles & Publications, General|

Employees Have a Statutory Right to Rebut Information Placed in Their Personnel Records and Cannot Be Terminated or Retaliated Against for Exercising Their Right

By: Laura M. Raisty, Esq. & Julianne C. Fitzpatrick 

            The Massachusetts Supreme Judicial Court (“SJC”) ruled in Meehan v. Medical Information Technology, Inc., 488 Mass. 730 (2021) that an employee cannot be discharged for submitting a written rebuttal to information placed in their personnel file.

The Personnel Records Statute (M.G.L. c. 149, […]

July 6th, 2022 - 4:17pm|Categories: Articles & Publications, Employment Law|

Massachusetts Federal Court Awards Employer $1.6 Million for Former Employee’s Breach of A Non-Compete

By: Andrew M. Winston, Esq.

            On March 28, 2022, the U.S. District Court for the District of Massachusetts held that an employer was entitled to $1.6 million in damages for lost profits as a result of a former employee’s breach of noncompetition and non-solicitation restrictions.

            In short, NuVasive, a […]

July 6th, 2022 - 11:50am|Categories: Articles & Publications, Employment Law|

The FLSA Preempts Massachusetts’ Wage Act When the FLSA Provides the Sole Basis for an Employee to Recover Unpaid Overtime Wages

 

By: Gregory Vanden-Eykel, Esq.

            On April 14, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued a nuanced and limited decision in Devaney v. Zucchini Gold, LLC holding that the Fair Labor Standards Act (“FLSA”) is the sole statutory scheme under which Massachusetts restaurant employees can recover damages related to their […]

July 6th, 2022 - 11:46am|Categories: Articles & Publications, Employment Law|

Employer on the Hook for Treble Damages for Failure to Pay Earned Vacation on Employee’s Termination Date – And Paying Wages Before Employee Files Complaint is No Excuse

 

By: David R. Kerrigan, Esq. & Michelle De Oliveira, Esq.

            A recent decision by the state’s highest court has reinterpreted the Massachusetts Wage Act’s damages calculation for a late wage payment to a discharged employee, holding that an employer that does not pay earned wages in full on an […]

July 5th, 2022 - 9:24pm|Categories: Articles & Publications, Employment Law|

Employers: The Time Is Ripe For Management Training

By: Michelle De Oliveira, Esq.

            Employment law is constantly changing as courts issue groundbreaking decisions and new statutes are enacted at both the state and federal level. For this reason, the importance of regularly conducting employment-related risk management trainings for a company’s management team has become critically important. Examples include:

The Massachusetts Wage […]

July 5th, 2022 - 8:59pm|Categories: Articles & Publications, Employment Law|

Businesses Beware: Certain Financing Products Contain Sham Clauses Leading to Default

By: Rachel J. Eisenhaure, Esq.

            Businesses looking to access capital have several options in today’s environment, from traditional bank loans to alternative financing arrangements.  In a traditional receivables sale (or factoring agreement), a business sells an existing debt at a discount and transfers the risk of collection to the buyer: the business gets immediate […]

July 5th, 2022 - 8:37pm|Categories: Articles & Publications, Business Litigation|

Construction Law Update: Massachusetts Appeals Court Enforces the Massachusetts Prompt Pay Act, G.L. c. 149,§ 29E

By: Anthony B. Fioravanti, Esq.

             As we reported last month, the Massachusetts Appeals Court recently affirmed a trial court’s decision that construed the requirements of the Massachusetts Prompt Pay Act, G.L. c. 149, § 29E.  That decision was the first appellate court opinion interpreting the Act and its requirements for rejections […]

July 5th, 2022 - 3:56pm|Categories: Articles & Publications, Construction and Real Estate Development|

Michelle De Oliveira quoted in Massachusetts Lawyers Weekly regarding a Middlesex Superior Court decision involving workplace discrimination claims.

Michelle De Oliveira, partner in the firm’s Employment Law practice group, was quoted in a Massachusetts Lawyers Weekly article, entitled “‘Right-wing’ speech helps workplace claims survive dismissal.”  The article discusses a current Middlesex Superior Court decision in Brzuchalski v. Digital Guardian, LLC, et al., in which a plaintiff alleged that a group of co-workers, who were outspoken and […]

June 30th, 2022 - 11:20am|Categories: Articles & Publications, General|