Massachusetts Employment Law Blog

Philip Gordon was quoted in Bloomberg Law regarding Dell’s $110,000 discrimination settlement involving claims filed by a transgender intern. The legal case involved allegations of a hostile work environment, blocked career advancement, and retaliation after complaints were raised. This discussion on Dell discrimination settlement Bloomberg Law quote emphasizes a major issue: although many organizations implement…

After years of legal debate, advocacy, and employment reform pressure, stronger protections for pregnant workers have finally passed, expanding support beyond what traditional discrimination statutes historically offered. While discrimination law has long protected pregnant workers, the duty to accommodate pregnancy was previously interpreted too narrowly by many employers and courts. This left many workers unable…

Across the country, companies increasingly require employees to sign agreements containing class action waivers, blocking workers from joining collective lawsuits even when multiple individuals suffer similar workplace misconduct. These waivers have triggered years of class action waivers Supreme Court litigation, driven by sharp judicial disagreement, growing corporate risk exposure, and fundamental questions about employee legal…

The Dodd‑Frank Wall Street Reform and Consumer Protection Act includes robust safeguards for individuals who report potential violations of U.S. securities laws. Section 922 of Dodd-Frank established whistleblower protection rules that shield workers from retaliation when they provide qualifying information related to misconduct, fraud, or unlawful financial practices. Following the statute’s passage, the U.S. Securities…

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…