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
In comparing arbitration to litigation, it would be misleading to compare the time, cost and risk of resolving a case at an arbitration hearing to the time, cost and risk of resolving a case at trial. After all, in most...more
We continue our series examining whether an employment arbitration program can help minimize legal risks from COVID-19 and beyond by considering another question employers should ask when deciding whether to adopt an...more
This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19 and beyond....more
Seyfarth Synopsis: On September 10, in a 3-1 decision, the NLRB in MV Transportation, Inc., 368 NLRB No. 66 (Sept. 10, 2019), adopted the “contract coverage” standard in replacement for its previous “clear and unmistakable...more
9/12/2019
/ Bargaining Units ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Violations ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions
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
Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act. The SJC held that board members and directors...more
Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more
11/16/2017
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Employment Discrimination ,
Employment Litigation ,
Internal Reporting ,
Labor Law Violations ,
Omnicare ,
Reasonable Belief Test ,
Retaliation ,
State Labor Laws ,
Summary Judgment ,
Workplace Romances