by George Georgountzos Now that the recreational use of marijuana is legal in Massachusetts, employers must adopt new policies to ensure safety and productivity in the workplace while respecting the rights of individuals to consume products that are legal. A recent arbitration action that is working its way through the system outlines the challenges faced […]
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by Adam Shafran In a recent case out of the U.S. District Court for the District of Massachusetts, a judge found an employer in contempt of a protective order after the employer fired one of its employees for testifying against the employer in his deposition.
On September 7, 2018, the Chief Justice of Massachusetts’ highest court issued an opinion consequential for Massachusetts employers with out-of-state employees (Oxford Glob. Res., LLC v. Hernandez). In declaring a Massachusetts noncompete void as against California public policy, Oxford signals to Massachusetts employers that, in certain circumstances, the dual interests of out-of-state employees and limiting […]
by Robert P. Rudolph On November 8, 2018 the Department of Labor (“DOL”) issued Opinion Letter FLSA 2018-27, which rolls back the Obama-era’s enforcement of what is commonly referred to as the “80/20 Rule.” Many states allow an employer to pay a lower tipped rate to tipped service employees, such as waiters and bussers. For […]
by Adam Shafran Class action wage and hour and other similar employment class action lawsuits are more prevalent than ever, particularly in Massachusetts, which has some of the strongest pro-employee laws in the country. A decision from the Massachusetts Business Litigation Session demonstrates that employers faced with a class action lawsuit must be careful how […]
The ABC Store in Anytown is hiring!! Immediate opening for part-time mother’s hours, M-F 8:30am-2:30pm with some Saturdays (as needed). Individual should have good customer service skills, some computer skills, ability to multi-task and handle packages up to 30-40 lbs. Call John Doe at 781-224-2500 or come in to the store @ 15 Lincoln St. […]
by James L. Rudolph and Robert P. Rudolph On November 8, 2018 the Department of Labor (“DOL”) issued Opinion Letter FLSA 2018-27 which rolls back the Obama-era’s enforcement of what is commonly referred to as the “80/20 Rule.” Many states allow an employer to pay a lower tipped rate to tipped service employees, such as […]
by Adam J. Shafran On May 21, 2018, in a highly anticipated 5-4 decision, the United States Supreme Court ruled that class action waivers in employment arbitration agreements prohibiting employees from bringing class action lawsuits are enforceable and do not violate the National Labor Relations Act. The decision in Epic Systems Corporation v. Lewis maintains […]
On October 1, 2018, Massachusetts’ new noncompete law (G.L. ch. 149, § 24L) goes into effect. While the new law largely codifies existing common law, it also alters the legal landscape in significant ways that will pose traps for unwary and overprotective employers. Particularly, although the law offers enforceability incentives for narrowly drafted noncompetes, it […]
by Adam Shafran On June 28, as part of a comprehensive new employee wage and benefits initiative, Massachusetts adopted an expansive paid family and medical leave law that substantially expands the job protection rights of nearly all workers throughout Massachusetts. While the details are still coming out, the following are the basic points of this […]
