The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case. In Smith v. Spizzirri, the Supreme...more
Seyfarth Synopsis: Massachusetts municipalities have a lot on their plate. They are large and complex organizations that provide critical services to their constituents in accordance with (often strict) budgets. As cities...more
In recent years, the retail sector’s use of non-employee gig workers has grown dramatically. Both retailers and brand-name distributors have increasingly used workers who accept work on a project-by-project basis to load and...more
Seyfarth Synopsis: On May 27, 2020, Governor Baker signed into law An Act Providing Additional Support to Those Affected by the Novel Coronavirus Through the Unemployment Insurance System....more
Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more
4/8/2020
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Essential Functions ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Payroll Taxes ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 1, 2020, a FEMA advisory issued that announced a new, more formalized process for distributing the limited available supply of ventilators to states and tribes. The federal government’s supply of available...more
4/3/2020
/ Coronavirus/COVID-19 ,
Defense Production Act ,
Exports ,
Federal Contractors ,
FEMA ,
Imports ,
Manufacturers ,
Medical Devices ,
Medical Supplies ,
Personal Protective Equipment ,
Supply Chain
Seyfarth Synopsis: On March 23, 2020, the Massachusetts Division of Insurance issued Bulletin 2020-5, which addresses the Division’s expectations for insurance carriers during the COVID-19 crisis. ...more
Seyfarth Synopsis: During a tumultuous week, Massachusetts enacted legislation to eliminate the traditional one-week waiting period for unemployment benefits. ...more
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
Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...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
On March 9, 2018, the Massachusetts Cannabis Control Commission (“CCC”) filed its much anticipated recreational marijuana Regulations with the Massachusetts Secretary of State. ...more
4/3/2018
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employee Rights ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New Regulations ,
Popular ,
Regulatory Oversight ,
State and Local Government
Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more
3/6/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
UPS ,
Zero Tolerance Policies
Seyfarth Synopsis: Effective April 1, 2018, Massachusetts will expand its anti-discrimination statute to specifically prohibit the discrimination against, refusal to hire, and the termination of individuals due to pregnancy...more
Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more
12/30/2016
/ Appeals ,
Delivery Drivers ,
Dismissals ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal v State Law Application ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
Severability Doctrine ,
Trucking Industry
Seyfarth Synopsis: Effective September 1st, 2016, New Hampshire joined Vermont as the only two states that prohibit employers from retaliating against an employee solely because the employee requested a flexible work...more