Michael L. Rosen

Michael L. Rosen

Foley Hoag LLP

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NLRB Drops Its Pursuit of Notice-Posting Rule

The National Labor Relations Board recently announced that it would not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions that struck down its proposed union poster rule. The rule, originally announced by...more

1/14/2014 - Employee Rights NLRA NLRB Notice Requirements SCOTUS

SJC Holds that Massachusetts Wage Act Is Not Intended to be Sole Remedy for Recovery of Unpaid Wages Under State Law

On August 12, 2013, the Supreme Judicial Court (SJC) held in Lipsitt v. Plaud that the Massachusetts Wage Act is not intended to be the sole remedy for the recovery of unpaid wages under state law. The Court concluded that...more

8/20/2013 - Attorney's Fees Breach of Contract Damages Preemption Unpaid Wages Wage Act Wage and Hour

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

7/5/2013 - Discrimination EEOC Employee Rights Employer Liability Issues Hiring & Firing Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University

MA Highest Court Decides that Managers at LLCs Can Be Individually Liable For Wage Act Violations

Yesterday, the Massachusetts Supreme Judicial Court held that managers of limited liability companies can be individually liable under the Massachusetts Wage Act for unpaid wages due to employees. Historically, the Wage Act...more

6/17/2013 - Liability LLC Managers Wage Act Wage and Hour Wages

Out-of-State Workers May Bring Suit under Massachusetts Independent Contractor Statute

Last week, the Massachusetts Supreme Judicial Court (SJC) held that plaintiffs who live and work outside of Massachusetts for Massachusetts-based companies can sue for purported violations of Massachusetts’ independent...more

6/3/2013 - Choice-of-Law Contract Drafting Contract Interpretation Employment Contract Forum Selection Clause Independent Contractors

Recent Decisions Illustrate Strict Interpretation of Massachusetts Wage Act

Two recent decisions from Massachusetts courts again highlight the strict requirements of the Massachusetts Wage Act, which details how and when employees must be paid. The cases address the treatment of sales commissions and...more

3/18/2013 - Prudential Sales Commissions Vacation Pay Wage Act Wage and Hour

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

1/2/2013 - Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Protected Concerted Activity Social Media Social Media Policy Termination

Massachusetts Court Issues Important Ruling on Releases of Wage Act Claims

The Massachusetts Supreme Judicial Court (SJC) this week issued an important decision addressing whether agreements containing general releases are sufficient to bar claims brought by employees under the Massachusetts Wage...more

12/19/2012 - Employment Contract Independent Contractors Wage Act Waivers

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