Massachusetts Employment Law Blog

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 started with seven black plant employees who brought suit in 2004 on behalf of a proposed class including more than 100 former and current black employees. The plaintiffs alleged that…

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 companies, often requiring individuals to leave the state or work elsewhere altogether. On the other hand, employers complain that they must keep their workers from joining competitors in order to…

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 the Eleventh Circuit Court recently ruled against an employer that encouraged under-reporting of overtime work.  In the case of Bailey v. Titlemax of Georgia, the facts were presented as follows: The…

In an article entitled “Low Income Managers May Started Getting Paid for Overtime,” the Boston Globe explores the new rules from the US Department of Labor. A link to that article is included here (Boston Globe Article). Let me know your thoughts.

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 suit must present evidence that “questions of law or fact common to the class members predominate over any questions affecting only individual members,” as required under 23(b)(3) of the Federal Rules…

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” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for overtime work that they…

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 weeks of unpaid leave for the birth or adoption of a child, without fear of termination or retaliation. On April 7, 2015, the law will officially become the Massachusetts Parental…

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 $9 per hour. The increases will continue over the next two years, reaching $10 per hour as of January 1, 2016 and $11 per hour as of January 1, 2017. Employees…

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 the time it takes to complete these screenings, the Supreme Court disagrees under certain circumstances.  In a unanimous decision, the Court held that security screening time is non-compensable, because it…

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, 2015, virtually all employers must allow up to 40 hours per year of sick leave. Variations on the Sick Leave Law Under the law, employees may use their accumulated sick…