Massachusetts Employment Law Blog

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…

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,…

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…

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,…

We are proud to announce that the Superior Court rejected the City of Brockton plea to reduce the jury’s $4M verdict in its battle against our client, Russell Lopes. (View Article)

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…

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…

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…

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

“Fox News may force arbitration for anchor in discrimination suit” View Article