8/4/21
In Dakin v. OSI Restaurant Partners, LLC, et al, the Massachusetts Appeals Court held that the workers’ compensation exclusivity provision barred an injured employee’s claims against three entities engaged in a joint venture. In Dakin, the three related entities collectively operated a restaurant. The first entity owned, managed, and controlled the second entity, the restaurant, which in turn…
Judge rules Massachusetts public accommodation cases can skip MCAD and go directly to court
7/26/21
By: Jennifer Markowski or Lori Eller In a recent Massachusetts Superior Court Order, Catherine Peters v. Boston Properties, Inc., et al. Memorandum of Decision and Order on Defendants’ Motion for Judgment on the Pleadings, Judge Debra A. Squires-Lee held that exhaustion of administrative remedies by first filing with the Massachusetts Commission Against Discrimination (MCAD) is not a…
7/21/21
By: Victoria Fuller and Lori Eller In KPM Analytics N. Am Corp. v. Blue Sun Sci., LLC, the District of Massachusetts recently provided some much-needed guidance concerning the enforceability of non-compete agreements governed by the Massachusetts Noncompetition Agreement Act, M.G.L. 149, § 24L (“MNAA”). There, the employee signed a Non-Competition, Non-Solicitation and Confidentiality Agreement shortly…
Update to Massachusetts Paid Family and Medical Leave
3/2/21
By: Janet Barringer and Lori Eller The Massachusetts Department of Family and Medical Leave (“the Department”) has continued to update its guidance and resources on the Massachusetts Paid Family and Medical Leave Law (“PFML”), which went into effect at the beginning of 2021. It is important for employers to stay updated on this guidance and…
2/18/21
By: Jennifer Markowski and Jennawe Hughes The federal lawsuit filed by employees of Whole Foods Market, Inc. (“Whole Foods”) and Amazon.com, Inc. (“Amazon”) who were prohibited from wearing Black Lives Matter (“BLM”) attire, was dealt a significant blow when a Massachusetts federal judge dismissed the majority of the case finding all but one employee had…
9/2/20
By: Catherine Scott On August 27, 2020, the Department of Labor (DOL) issued three new answers to its Frequently Asked Questions regarding the Families First Coronavirus Response Act (FFCRA). All three of these questions addressed employees’ questions regarding whether they would be entitled to paid leave under the FFCRA in the event their children’s schools returned on a…
Massachusetts’ Highest Court Rules No Double Recovery Allowed for Back Wages
8/5/20
By: Zinnia Khan On July 14, 2020, the Supreme Judicial Court (“SJC”) of Massachusetts held employees cannot recover unpaid back wages under two different Massachusetts wage laws because doing so would amount to a double recovery with the same set of allegations. The ruling in Donis v. American Waste Services LLC, et al. (SJC-12842) reversed…
Agreement to Arbitrate Enforceable Even After Termination of Agreement with Assisted-Living Facility
7/1/20
By: Kevin Kenneally, Janet Barringer and William Gildea The United States Court of Appeals for the First Circuit has upheld a challenge to the enforceability of an arbitration agreement in the senior living facility and long-term care (LTC) arena. In Biller v. S-H OpCo Greenwich Bay Manor, LLC, No. 19-1865, 2020 U.S. App. LEXIS 17735,…
5/18/20
By: Kevin Kenneally, Janet Barringer and William Gildea In a further blow to class action claimants and lawyers, a Massachusetts Superior Court Judge recently ruled a car salesman could not arbitrate Wage Act claims on behalf of coworkers absent an express provision in the employment agreement permitting such a class action. In Grieco Enterprises, Inc.…
U.S. Department of Education Announces Temporary Halting of Wage Garnishments
3/30/20
By: Jeffrey A. Hord On March 25, 2020, the Department of Education (DOE) announced that it will temporarily halt seizing wages and/or withholding tax refunds from borrowers who have defaulted on their student loans held by the federal government. As part of the Trump Administration’s multifaceted response to the COVID-19 national emergency, the DOE has…
Employers Watch Out: New DOL Rule May Limit Joint Employer Liability
1/27/20
By: Janet Barringer New Rule A new rule goes into effect March 16, 2020, per the Department of Labor (DOL), as to when a “joint employer” is equally liable under federal wage and hour laws. This new rule is an attempt to limit “joint employer” liability. The determination as to whether a scenario is one…
Massachusetts Paid Family and Medical Leave Law: Planning Ahead and Important Deadlines
7/2/19
By: Jennifer Markowski and Zinnia Khan The Massachusetts Department of Family and Medical Leave (“DFML”) recently extended certain deadlines for the Paid Family and Medical Leave Law (“PFML”), giving employers additional time to prepare for the changes ahead. The statute is anticipated to become fully effective in 2021, but the following interim deadlines are coming…