Massachusetts Employment Law Blog

Walmart reported Black Friday employee walkouts to the National Labor Relations Board. Walmart claimed the protests were illegal picketing. Soon after, the United for Respect filed a response. The group said the protests were protected under labor law. The NLRB allowed the walkouts for now. It started a fast investigation to verify claims. What Labor…

In an effort to deter massive employment abuse, and in a nod to those employers who refuse to take the low road but suffer serious economic disadvantages against competitors who cut corners, Governor Deval Patrick has signed into law new requirements for temporary staffing agencies. Now, in addition to other requirements, these employers may no…

The Americans with Disabilities Act protects workers linked to a disabled person. However, it only applies to companies with 15 or more staff. In contrast, Massachusetts employment discrimination statute extends coverage to companies with six or more staff. Under the Supreme Judicial Court of Massachusetts ruling in Flagg v. Alimed, workers are safe from discrimination,…

In a ruling unusual for its legal support, the Supreme Court has ruled that Obamacare is constitutional. While it comes as little surprise that the Patient Protection and Affordable Care Act of 2010 is constitutional, the reasoning is curious. The most controversial component of the Act was the individual mandate to purchase health insurance or…

The effort to require employers to demonstrate a justifiable business reason for paying women less than men and to prohibit employers from retaliating against women who reveal their wage information has failed to pass Congress. Many of our women clients earn less than men working in similar positions. While the Paycheck Fairness Act remains blocked…

Pharmaceutical reps campaign for overtime pay because companies assign long hours and strict targets. These workers rarely close sales. Most firms only let them promote and recommend products. The Department of Labor backed overtime rights in written opinions. Yet, the industry resisted and used the outside sales exemption as a shield. Even so, the Supreme…

Massachusetts hospitals cannot force nurse overtime now. The law protects worker health. It also protects patient safety. ƈenterprise parent? not needed. The main rule applies unless an emergency happens. Nurses can still accept extra hours. But they must choose it freely. Core Rules for Shifts and Rest A nurse can work up to 16 hours…

While some American employers and employees may complain about languages other than English being spoken in the workplace, mandatory English-only policies may not be legal. The law states that an employer must demonstrate a “business necessity” to put an English-only policy into action, but that necessity must be extremely serious or the business runs the…

Mario Batali is well known as a celebrity chef, educating many in the fine art of cooking. Now he can add to that resume an education in properly paying employees, as he has just settled a class action suit alleging that his restaurants illegally withheld tips from approximately 1,100 captains, servers, waiters, bussers, back waiters,…

An unusual correction just took place in Atlanta. Last year, the US Court of Appeals for the 11th Circuit in Atlanta found that conversational uses of the term “boy” with black men, which were “nonracial in context” could not support a claim of discrimination. The court’s decision overturned a $1.4 million jury award to former…