The LawBlog

17

Jul2017
Medical marijuana has been legal for use by “qualified patients” in Massachusetts since 2012, and has been equivalent to using any other prescription medication since. ... Read More

10

May2017
The Massachusetts House passed a bill today intended to protect pregnant workers. Now, we wait for the Senate. Pregnant workers face daunting challenges from their ... Read More

02

May2017
Something to consider as we gear up for college sports. (View Article)

29

Apr2017
Forced Arbitration??
April 29, 2017
"Fox News may force arbitration for anchor in discrimination suit" View Article

12

Apr2017
Are you suffering from bias of any kind at work?? If so, give us a call. (View Article)

10

Apr2017
Great insight into how far companies will go for independent contractor justification: (View Article)

15

Mar2017
For the grammar nerds in all of us. Congrats to our colleagues, David Webbert and Jeff Young! Great work. View Article

11

Mar2017
Gretchen Carlson posted this yesterday, detailing her thoughts, efforts and concerns about workplace arbitration clauses. If you want a first hand account of the impact ... Read More

01

Mar2017
Great article in Entrepreneur Magazine. As much time and consideration you gave when accepting your position should be spent when leaving it. Before you ... Read More

18

Feb2017
EEOC Charges Climbing
February 18, 2017
The U.S. Equal Employment Opportunity Commission has released data from the 2016 fiscal year. Charges of workplace discrimination have increased for every protected class. The ... Read More

24

Jan2017
When negotiating employment agreements, we consider "termination without cause" one of the most critical provisions. See why Marissa Mayer agrees: View Article If ... Read More

16

Jan2017
This year marks the 50th anniversary of the federal Age Discrimination in Employment Act (ADEA). A record number of American employees are now choosing to ... Read More

01

Nov2016
Recognized among the top employment lawyers in the nation, Elizabeth Rodgers has built her reputation zealously litigating complex employment disputes on behalf of individuals for ... Read More

05

Sep2016
Women remain a critical part of the workforce. With rising college enrollment, more women are entering classically male-dominated careers. Yet, a gender pay ... Read More

21

Feb2016
Often touted as the great disruptor, big data has proven a valuable tool. But in the world of health and disability discrimination, big data may ... Read More

22

Jan2016
Employed by more than one employer? Wondering whether they share liability for each other’s failures? The United States Department of Labor (DOL) recently released a ... Read More

15

Jan2016
The United States Supreme Court has agreed to consider a long standing dispute in employment law regarding who is entitled to overtime pay, and service ... Read More

30

Dec2015
Many New York employees will be seeing more money in their paychecks, thanks to new state legislation. The minimum wage was increased from $8.75 per ... Read More

23

Oct2015
October was quite a month on the employment front in New York, as Governor Cuomo signed a number of bills signed expanding discrimination protections within ... Read More

15

Oct2015
A significant gender discrimination lawsuit recently reached a proposed settlement of $3 million for 101 women working for Publicis group. The lawsuit grew out of ... Read More

09

Sep2015
Federal contractors are now required to provide their employees with up to 56 hours of earned sick leave per calendar year. Specific terms of the ... Read More

05

Sep2015
Brady arbitration success
September 5, 2015
It was the biggest controversy of the 2014-15 football season: Tom Brady and the New England Patriots were accused of purposely deflating footballs to gain ... Read More

31

Aug2015
Female faculty members at the University of Denver law school could be receiving a major payout if accusations by the Equal Employment Opportunity Commission (EEOC) ... Read More

02

Jul2015
The Securities and Exchange Commission is considering new rules and regulations for compensation claw back policies. If the proposal is adopted, it will implement specific ... Read More

19

Jun2015
The Massachusetts Attorney General released final clarifications regarding the state’s earned sick time (EST) law that goes into effect July 1, 2015. Under the new ... Read More

17

Jun2015
Uber is more popular than ever in large American cities, but a serious question exists: are Uber drivers employees or independent contractors? One California judge ... Read More

27

May2015
New York recently joined the growing number of states that allow employers to pay workers with payroll debit cards. Instead of a paper check or ... Read More

18

May2015
Many employers consider credit ratings of potential employees when making hiring decisions, as well as decisions concerning promotion and pay rates.  This practice often results ... Read More

15

May2015
Ridesharing company Uber is facing another court challenge. The owner of Celluride Wireless filed a lawsuit against the company for the alleged theft of his ... Read More

12

May2015
Has your employer punished you for insisting upon your rights? A recent court ruling makes it harder for courts to dismiss employee claims of retaliation. ... Read More

12

May2015
A $188 million judgment for damages has Wal-Mart officials asking the United Supreme Court to step in. The dispute started with a Pennsylvania class action ... Read More

11

May2015
The Fourth Circuit reopened the door for a class action suit to proceed against a South Carolina company on allegations of racial discrimination. The suit ... Read More

08

May2015
The salaries of top executives at Fannie Mae and Freddie Mac are under attack with the introduction of a new Congressional bill. Rep. Ed Royce, ... Read More

06

May2015
Proposed revisions to Section 13(a)(1) of the federal Fair Labor Standards Act are coming under scrutiny as some question the Department of Labor’s (DOL) authority ... Read More

28

Apr2015
The whistleblower in a hedge fund advisor case recently received a $600,000 award from the U.S. Securities and Exchange Commission (SEC).  The case involved allegations ... Read More

25

Apr2015
Disputes between Boston area taxicab drivers and medallion owners came to a head as the Massachusetts Supreme Judicial Court issued a ruling in Sebago v. ... Read More

23

Apr2015
The Fair Labor Standards Act (FLSA) includes a provision that prohibits employers from retaliating against employees who file complaints against the employer with a government ... Read More

15

Apr2015
The Equal Employment Opportunity Commission is taking a stance to protect transgender workers from employment discrimination.  Though there is currently no federal statute expressly prohibiting ... Read More

14

Apr2015
Equal Pay Day!
April 14, 2015
The National Committee on Pay Equality named Tuesday, April 14, 2015 Equal Pay Day in an effort to call attention to the inequitable pay gaps ... Read More

13

Apr2015
The Equal Employment Opportunity Commission (EEOC) recently handed New York’s Department of Citywide Administrative Services (DCAS) a huge blow, when it issued a determination against ... Read More

13

Apr2015
When most people hear the word internship, they think of an unpaid employment opportunity that offers a chance to learn the ropes of a job. ... Read More

10

Mar2015
Have you ever been told to report fewer hours on your time card than you actually worked?  Employees were given a much need break when ... Read More

11

Feb2015
Before class action lawsuits can proceed, they must be certified as such by the court. In order for this to occur, the individuals bringing the ... Read More

10

Feb2015
The legislative debate continues on the necessity for noncompetition agreements under Massachusetts state law. On the one hand, noncompetition agreements severely limit workers from changing ... Read More

21

Jan2015
How do you prove you worked? Under the Fair Labor Standards Act, employers must compensate employees for any work that the employer did “suffer or permit” ... Read More

14

Jan2015
The Massachusetts legislature stood up for fathers when it expanded the state’s family leave act. The Massachusetts Maternity Leave Act provided female employees with eight ... Read More

20

Dec2014
The Massachusetts legislature recently gave workers a boost, with an increase in the state's minimum wage. As of January 1, 2015, the wage increased to ... Read More

09

Dec2014
Every day, countless employees undergo security screenings before and after their work shifts. While many of these individuals believe that their employers should pay for ... Read More

06

Nov2014
Massachusetts voters spoke up for workers’ rights when they approved a law requiring sick leave for employees in the private sector. As of July 1, ... Read More

10

Aug2014
The Massachusetts legislature recently implemented legislation to assist victims of domestic violence with job protection when they require leave from work. The law applies to ... Read More

03

Jul2014
In 2010, former employees filed a lawsuit against Goldman Sachs, alleging that the company perpetuates employment discrimination against female workers. USA Today recently reported that ... Read More

30

Jun2014
The California Supreme Court defined some parameters of employment law regulations when it ruled in favor of an illegal immigrant/undocumented worker who sued an employer ... Read More

27

Jun2014
In Michigan this week, bipartisan legislation was signed protecting mothers who nurse their children in public from discrimination and prosecution. 45 states now have ... Read More

23

Jun2014
New legislation has been proposed that would increase the minimum salary basis level that employers need to pay as part of the requirements to avoid ... Read More

17

Jun2014
Two crucial pieces of proposed legislation will be decided by July 31st.  The proposals include a hike in the minimum wage to $11.00 and a ... Read More

09

Jun2014
The U.S. Equal Employment Opportunity Commission (EEOC) appears to be on the verge of issuing new guidelines on pregnancy discrimination. Following a large and rapidly ... Read More

02

Jun2014
Employees in Colorado will have increased rights under the state’s Wage Protection Act of 2014. The law has been expanded to give the Colorado Department ... Read More

25

May2014
Per Diem payments – payments intended to cover the daily expenses of an employee – count towards an employee’s regular rate of pay for calculating ... Read More

21

May2014
An employee fired just days after coming back from medical leave, has won over $100,000 as well as attorneys’ fees and costs. By firing the ... Read More

29

Apr2014
The White House showed clear intent that they are committed to stem sexual assaults on campuses across the country by releasing a set of ... Read More

27

Apr2014
1)      Companies are shifting towards long term, multi-year goals, and executive compensation is following suit, often setting compensation based upon long term success metrics. 2)      Executive ... Read More

16

Apr2014
Last Wednesday April 9th, saw the House Republicans vote against the Paycheck Fairness Act—a bill proposed to achieve equal pay. This was the third time ... Read More

01

Apr2014
Starting today, the New York City Sick Leave Law states that employees working more than 80 hours per calendar year are entitled to receive sick ... Read More

19

Mar2014
A case spanning seven years that sought to end discrimination in the Fire Department of New York (FDNY), will be settled for $98 million. A ... Read More

14

Mar2014
A new CareerBuilder survey asked 2,201 hiring managers and HR professionals to identify the best and worst resume terms.  Here’s what they found: The Worst ... Read More

12

Mar2014
Hot on the heels of his proposal to raise minimum wage for federal contractors to $10.10, President Obama is planning new overtime laws that will ... Read More

05

Mar2014
A recent survey found that 80% of employers will Google job seekers before inviting them to an interview.  Your resume and references alone are ... Read More

20

Feb2014
Know your value — Start by gathering data.  What are other executives paid, in your own industry and your own company?  How has your company ... Read More

18

Feb2014
President Obama recently signed an Executive Order creating a new minimum wage for over two million Federal Contractors. The new minimum wage is $10.10 per ... Read More

16

Feb2014
Employees in New York City cannot be fired for taking a day off because of sickness. From April 1, 2014, employees working in New York ... Read More

10

Feb2014
Five years since the Fair Pay Act, women still make just seventy-seven cents for every dollar a man earns for performing the same job according ... Read More

08

Feb2014
ISS (International Shareholder Services Inc.) has released its 2014 U.S. Policy updates, with a modification to the executive compensation section, changing the methodology of ... Read More

19

Dec2013
A court ruling suggests there will be little tolerance if an employer in any way retaliates against an employee filing a lawsuit. The court ... Read More

10

Dec2013
Great news for delivery workers who should be classified as employees and not independent contractors. In a swift decision last week, the Massachusetts Superior ... Read More

23

Oct2013
The Americans with Disability Act (ADA) protects individuals who are associated with a disabled individual from employment discrimination. However, the ADA only applies to employers ... Read More

20

Oct2013
Payroll cards are seemingly ever-growing in popularity. They act just like a debit card and give you quick and easy access to your money. ... Read More

23

Sep2013
Prevailing Wage Laws Upheld
September 23, 2013
Contractors working on public works projects must pay their workers prevailing wages, even when the Department of Labor fails to set a prevailing wage rate ... Read More

19

Aug2013
Once limited to two or three years of recovery for unpaid wages under Massachusetts law, employees can now look back up to six years. ... Read More

16

Aug2013
Drive a truck with a gross vehicle weight rating (GVWR) under 10,000 pounds? Then you are eligible for overtime. Importantly, the GVWR refers ... Read More

08

Aug2013
If you are paid by the hour, be wary of your company's policies regarding working through breaks, lunches, and after your shift – especially when ... Read More

24

Jun2013
A parent corporation who franchises out their business can be found liable for the franchisee's unpaid wages. In Depianti v. Jan-Pro Franchising International, Inc., ... Read More

20

Jun2013
Should LLC managers escape the Wage Act because they avoid the titles "President" and "Treasurer." Definitely not. Peter Cook filed action for unpaid wages against Patient ... Read More

13

Jun2013
Serious failure to reimburse employees for the business expenses they incur in their jobs may be tantamount to unlawful deductions from wages. In Fraelick ... Read More

24

May2013
Live and work as a driver in New York? Independent contractors working in New York recently received the benefits of Massachusetts law. A ... Read More

23

Apr2013
Temporary warehouse workers in Nevada found themselves passing through security screens at the close of their shifts to minimize thefts. The 9th Circuit Court of ... Read More

04

Apr2013
Are you required to pay the costs of operating your truck? Insurance, gas, repairs, paint, equipment? You may be entitled to all of it back, ... Read More

03

Apr2013
Companies are bought and sold on a regular basis, and a question often arises as to whether the new owner is responsible for wage and ... Read More

11

Mar2013
A Massachusetts man who was paid after being laid off, will receive even more money because his former employer failed to specify that the extra ... Read More

03

Mar2013
A simple discretionary clause in a commission plan does not disqualify earned commissions from protection of the Wage Act. Prudential Insurance offered commissions to ... Read More

15

Nov2012
Many employers automatically deduct meal breaks from employee pay, but never actually give employees those breaks. In Massachusetts that is a crime, but while ... Read More

14

Nov2012
While some American employers and employees may complain about languages other than English being spoken in the workplace, mandatory English-only policies may not be legal. ... Read More

09

Nov2012
Shortly after retail powerhouse Wal-Mart of Bentonville, Arkansas, filed a complaint with the National Labor Relations Board claiming Black Friday walkouts by Wal-Mart employees qualified ... Read More

02

Sep2012
In an effort to deter massive employment abuse, and in a nod to those employers who refuse to take the low road but suffer serious ... Read More

21

Aug2012
In a victory for health and safety, as well as employment, Massachusetts hospitals are now prohibited from requiring nurses to work mandatory overtime. Hospitals ... Read More

12

Jul2012
Do you know who your employer is? Enterprise Holdings, Inc. was the parent company and sole stockholder of 38 corporate subsidiaries that operated many ... Read More

28

Jun2012
In a ruling unusual for its legal support, the Supreme Court has ruled that Obamacare is constitutional. While it comes as little surprise that ... Read More

25

Jun2012
The effort to require employers to demonstrate a justifiable business reason for paying women less than men and to prohibit employers from retaliating against women ... Read More

19

Jun2012
Pharmaceutical Representatives have long argued that they are entitled to overtime, working long hours with little authority to do much other than recommend products, and ... Read More

12

Mar2012
Mario Batali is well known as a celebrity chef, educating many in the fine art of cooking. Now he can add to that resume ... Read More

28

Dec2011
An unusual correction just took place in Atlanta. Last year, the US Court of Appeals for the 11th Circuit in Atlanta found that conversational ... Read More

31

Oct2011
Recently, the US Supreme Court has taken a hostile view of employment cases and consumer protections by gutting the class action rules, leaving many individuals ... Read More

30

Sep2011
All hours worked are important hours, and no employer shall fail to pay employees the minimum wage. But, what happens when an employer decides ... Read More

15

Sep2010
Employers and their powerful lobbyists sought limits on how often employee can access their own employment files, and they got what they asked for – ... Read More

14

Jul2010
Seeking to put an end to the landmark discrimination verdict, Novartis and the plaintiffs representing the 5,600 women who worked there from 2002 until 2007 ... Read More

29

Jun2010
Massachusetts employees working for a Massachusetts company receive the benefit of the Massachusetts Wage Act even if they work at the company’s facility in Connecticut. ... Read More

14

May2010
In a landmark class action verdict against Novartis, a New York jury awarded $250 million in punitive damages for sexual discrimination on behalf of 5,600 ... Read More

23

Mar2010
President Obama signed the Patient Protection and Affordable Care Act today, and part of the legislation protects mothers. The legislation amended federal law to ... Read More

29

Nov2009
Underwriters tasked with approving loans in accordance with detailed guidelines provided by their employer are not exempt – that is, they are entitled to overtime. Many ... Read More

01

Oct2009
In the goal to protect goodwill, confidential information and trade secrets, the typical non-competition agreements that companies use damage the targeted employee in measures far ... Read More

07

Sep2009
Workers who are misclassified by their employers as independent contractors can finally recover they full value of the wages and benefits they should have received ... Read More

12

Jun2009
In what seems like an obvious decision, the Supreme Judicial Court struck down EDS’s policy to deny employees a payout of earned vacation upon termination. The ... Read More

25

Apr2009
With all the talk of possible casinos on Indian reservation land in Massachusetts, not much has been said about whether those tribes would have to ... Read More

04

Apr2009
Employers can not coerce employees to work for free, deferring wages until the occurrence of some event. Oftentimes employers short of cash turn to ... Read More

02

Mar2009
Lobbyists for big business have had legislation filed to turn back the clock on Massachusetts employees. The bill, “An Act regarding treble damages” (H3583), ... Read More

19

Nov2008
Gordon Law Group, LLP and Greater Boston Legal Services (GBLS) announced today an agreement to settle a federal class action lawsuit against Michael Bianco, Inc., ... Read More

06

Nov2008
The Massachusetts Supreme Judicial Court, in Mullally v. Waste Management of Massachusetts, has ruled that employers must use the prevailing rate for purposes of calculating ... Read More

01

Nov2008
The Federal District Court of Florida just ruled in Galdames v. N&D Investment Corp., that undocumented workers are entitled to the same protections of the ... Read More

26

Sep2008
Favorable Wal-Mart ruling overturned. Order decertifying the Wal-Mart class action is reversed, and summary judgment on a number of issues is overturned. In a ... Read More

14

Aug2008
Finally, the Wage Act gets its clarification. The law, which goes into effect on July 13, 2008, makes clear that Massachusetts takes violations of ... Read More

15

May2008
In an opinion letter dated May 15, 2008, the United States Department of Labor clarified its regulations regarding compensable time under the Fair Labor Standards ... Read More

15

Apr2008
Recently the Office of the Attorney General issued an advisory on the Massachusetts Independent Contractor Law, M.G.L. c. 149 § 148B, which was significantly amended ... Read More

09

Apr2008
Current and former employees of New Bedford’s Michael Bianco, Inc., today filed a federal court class action lawsuit on behalf of more than 500 workers, ... Read More

17

Feb2008
February 17, 2008 The Hon. Deval Patrick, Governor Office of the Governor State House Boston, MA 02133 RE: Effort to Clarify the Massachusetts Wage Act Dear Governor Patrick: I wrote ... Read More

07

Aug2007
The Massachusetts Appeals Court has affirmed that all employees who receive commissions as a part of their compensation packages, are entitled to the protections of ... Read More

07

Jul2007
The First Circuit has ruled that corporate officers may be held personally liable for a corporation’s failure to pay to pay its employees proper wages ... Read More

14

Jun2007
On June 11, 2007, the United States Supreme Court confirmed that a Department of Labor regulation, which states that companionship workers who are employed by ... Read More

10

Nov2006
Contrary to the belief of some computer industry executives, many IT Support Specialists are entitled to overtime for their work. The new Fair Labor ... Read More

01

Oct2006
Good news and bad for light-weight vehicle operators. A recent court case from Georgia (Dell’Orfano v. Ikon Office Solutions, Inc.) confirms that truck drivers ... Read More

08

Sep2006
Managing Partner Philip Gordon was a guest on WBIX-AM’s “Money Matters” Show with host Barry Armstrong, on September 8, 2006. The segment discussed Massachusetts Wage ... Read More

07

Sep2006
Today, just three days after Labor Day, Governor Mitt Romney vetoed a bi-partisan bill clarifying provisions of the law protecting a workers’ right to be ... Read More

04

Sep2006
Managing Partner Philip Gordon was an in-studio guest on WBZ-AM’s “The Paul Sullivan Show,” on September 4, 2006, along with State Representative Peter Koutoujian. The ... Read More

31

Aug2006
The Massachusetts Senate and House have enacted a bi-partisan bill designed to protect workers from unscrupulous employers who withhold wages, salaries and benefits, and protect ... Read More

07

Aug2006
The Massachusetts Supreme Judicial Court has ruled that employees who make internal complaints regarding wage violations are protected against retaliation from their employers. These ... Read More

01

May2006
A Federal District Court has denied a motion to dismiss a claim brought by employees seeking to bring a class action lawsuit against their employer ... Read More

20

Apr2006
The United States Immigration and Customs Enforcement (ICE) today announced the arrest of seven current and former managers of IFCO Systems North America, Inc. (IFCO) ... Read More

01

Apr2006
Recently, several large financial services firms, including Merrill Lynch, Morgan Stanley and UBS, have paid more than $160 million to settle state and federal overtime ... Read More

01

Dec2005
A recent Massachusetts Superior Court case, O'Connor v. U.S. Art Co. Inc., held that the firing a minority shareholder by the majority shareholders in a ... Read More

29

Jul2005
Who is an employer under the Massachusetts Wage Act? It’s a question we commonly face in representing employees in their disputes with employers over ... Read More

15

Jun2005
S. 928 – An Act to Protect Employee Wages and H. 3775 – An Act to Protect Employees from Unscrupulous Employers Introduction (by Philip J. Gordon) Chairman ... Read More

09

Jun2005
The First Circuit Court of Appeals recently held, in Campbell v. General Dynamics Government Systems Corp., that an employer’s use of email was insufficient to ... Read More

10

Aug2004
The United States Department of Labor has issued rules revising the criteria used to determine whether employees may be classified as “exempt” (e.g., salaried) from ... Read More