Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more
Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more
12/24/2019
/ At-Will Employment ,
Bonuses ,
Breach of Implied Contract ,
Compensation & Benefits ,
Contract Terms ,
Corporate Executives ,
Covenant of Good Faith and Fair Dealing ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
FDA Approval ,
Former Employee ,
Hiring & Firing ,
Labor Regulations ,
Lost Wages ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Termination
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
Seyfarth Synopsis: The SJC issued two important decisions in April and early May. In early May, the SJC found that commission-only salespeople are entitled to additional compensation for overtime and Sunday work, even though...more
Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where...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: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more
2/12/2018
/ Accrued Benefits ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Popular ,
Port Authority ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Treble Damages ,
Unpaid Wages ,
Wage Act ,
Wage and Hour
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