Massachusetts Employment Law Blog

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 challenging Uber’s classification of approximately 18,000 drivers as independent contractors under the Fair Labor Standards Act (FLSA). The case proceeds on behalf of drivers who opted out of the company’s mandatory arbitration clause, marking one of the largest coordinated arbitration opt-out…

We are proud to announce that the Superior Court has rejected a post-trial plea by the City of Brockton to reduce a $4 million jury verdict awarded to our client, Russell Lopes. The Court’s decision preserves the original verdict, marking a major moment in a longstanding legal battle involving allegations of systemic discrimination, improper personnel…

cross the United States, the legal landscape surrounding worker rights to sue collectively has shifted substantially. The federal U.S. Department of Justice (DOJ) now favors the enforceability of class action waivers in employment agreements, reversing its previous long-defended position under the prior presidential administration. Previous DOJ Position and NLRA Enforcement Debate For several years, the…

A significant policy shift occurred this morning as the U.S. Department of Labor (DOL) officially withdrew its prior interpretative guidance on independent contractor classification and joint employment standards. Business and industry organizations expect this decision to reduce the number of workers covered under wage protections guaranteed by the federal Fair Labor Standards Act (FLSA). The…

Pregnant workers may soon receive stronger statutory protections in Massachusetts workplaces following a key legislative development. This morning, the Massachusetts House of Representatives approved a new bill aimed at expanding employment safeguards for pregnant employees, and the legislation now awaits consideration by the state Senate. Persistent Workplace Challenges for Pregnant Workers Pregnancy discrimination has long…

The debate over whether student athletes should be paid in college sports has intensified in recent years, driven by the exploding financial value of collegiate athletics and increasing scrutiny over fairness, labor rights, and revenue distribution. As fans gear up for upcoming seasons in major college sports, the question remains central: Should student athletes be…

The issue of forced arbitration in discrimination suits has gained renewed attention following a high-profile legal dispute involving a major media employer, the U.S. broadcasting organization Fox News. Reports indicate the company may attempt to require arbitration for an anchor pursuing discrimination claims, shifting the lawsuit out of open court and into private dispute resolution.…

A Must Read, and not Just for Gender Bias! The Latest from Harvard Business Review and Cecchi-Dimeglio on The Corrupting Power of Gender Bias Workplace bias continues to shape careers, distort institutional decisions, and silently undermine talent. Recent analysis published by the global business publisher Harvard Business Review highlights critical research from behavioral scientist Iris…

Leaked Documents Make Clear: Call Them Anything but “Employee” Recent revelations from leaked internal records have provided rare visibility into corporate strategies designed to avoid employee classification. These documents underline a growing national legal battle over employee misclassification, contractor-only labeling, and how far companies will go to justify independent contractor status even when workplace control…