The United States District Court for the Eastern District of Texas granted a preliminary injunction on a nationwide basis enjoining the Department of Labor’s final rule updating and modernizing the overtime regulations (“Final Rule”). The Final Rule would have gone into effect on December 1, 2016. The Order was issued on November 22, 2016 in […]
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Is your company a single employer? Earlier this year, a Massachusetts Superior Court for the first time applied the “single integrated employer” theory of liability to a case involving a restaurant chain, ruling that employees from separately incorporated but related entities could bring a class action against each of the entities under the state Wage […]
by Adam J. Shafran Beginning on December 1, 2016, nearly five million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s. Currently, executive, administrative and professional employees earning a salary of more than $23,660 per […]
Unfortunately, the Massachusetts appellate courts have not directly decided the issue whether an employer can re-characterize an employee’s termination from “without cause” to “for cause” based on information learned after an employee’s termination. While the Massachusetts courts have had the opportunity to consider the issue, they have neither adopted nor rejected the doctrine.
by James L. Rudolph, Esq. As a small business grows, it is not unusual for a critical or key employee to ask the owner for stock in the company, or for an owner to believe that providing stock to key employees is appropriate, and may even be necessary to keep the employee. For a restaurant […]
by James L. Rudolph, Esq. and Robert P. Rudolph, Esq. In a first of its kind ruling by a Massachusetts Superior Court judge providing guidance on the applicability of the integrated enterprise and joint employer theories to Massachusetts Wage Act claims, the Honorable Bruce R. Henry has held that restaurant managers who worked for the […]
by Robert P. Rudolph, Esq. The Appeals Court of Massachusetts recently decided that an hourly employee who claimed that she was frequently pressured to work through her lunch break, which she took at her cubicle in the office, could sue her employer for unpaid overtime even though she did not record this extra time in […]
byAdam J. Shafran, Esq. Internships, both paid and unpaid, are popular across nearly every industry throughout the country and in Massachusetts.
Jon Friedmann and Adam Shafran recently obtained approval in Suffolk Superior Court of a Class Action lawsuit for $6.5 Million on behalf of 450 trash and recycling haulers. It was a case of first impression in Massachusetts involving the interpretation of the Massachusetts Prevailing Wage Law.
By Robert P. Rudolph, Esq. and Adam J. Shafran, Esq. After several months of public hearings on the new Earned Sick Time Law, the regulations have been finalized. Beginning July 1, 2015, Massachusetts employees have the right to earn one hour of sick leave for every thirty hours worked, up to forty hours per year. […]
