Massachusetts Employment Law Blog

US Supreme Court Releases October Calendar and Class Action Waivers Are on The List
Gordon Law Group

Across the country, employers are requiring employees to sign agreements waiving any right to be part of a class action. These class action waivers have been the subject of substantial litigation as the stakes are high on all sides, and Courts across the country have given varied opinions. Some of that will soon come to…

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Supreme Court to Decide If an Internal Complaint is Enough to Protect Whistleblowers
Gordon Law Group

Dodd-Frank protects individuals who provide “information relation to violation of the securities laws to the [SEC].” The SECC rules issued in 2011 interpret those protections to cover individuals who make disclosures internally, as well as directly to the SEC. The Second and Ninth Circuits agree with the SEC, and the Fifth Circuit disagrees. The case,…

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BREAKING NEWS: Medical Marijuana Users Protected in Massachusetts
Gordon Law Group

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. For the first time, the Massachusetts courts have ruled that “qualified patients” under the Medical Marijuana Act (which does not provide specific disability discrimination rights itself) do indeed have affirmative…

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Uber Drivers Win Preliminary Class Action Status in Employment Case
Gordon Law Group

A Federal Court in North Carolina has conditionally certified a nationwide class action lawsuit under the Fair labor Standards Act for the 18,000 drivers who opted out of Uber’s arbitration clause. The case challenges Uber’s classification of its drivers as independent contractors. If you’re working in a job where you’re classified as an independent contractor,…

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Switching Sides: The Department of Justice Now Favors Class Action Waivers
Gordon Law Group

The Department of Justice just switched sides, and now supports class action waivers. For the past few years, the DOJ has defended the national Labor Relations Board’s position that class action waivers violated the NLRA and were unenforceable. No more. In a brief filed with the Supreme Court, the DOJ stated that, “After the change…

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A Win for Employers: DOL Withdraws Guidance on Independent Contractors and Joint Employment
Gordon Law Group

This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act. The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant differences in opinions issued…

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Pregnant Workers May Get Better Protections
Gordon Law Group

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 employers. Today, the Massachusetts House to a strong step to protect those individuals from discrimination and other problems. (View Article) If you’re pregnant or planning a pregnancy and concerned about…

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