Massachusetts Employment Law Blog

A recent Massachusetts Superior Court case, O’Connor v. U.S. Art Co. Inc., held that the firing a minority shareholder by the majority shareholders in a closely held corporation was a dereliction of fiduciary duty, calling into question the applicability of at-will employment rules in this context. O’Connor and Lank formed an art transportation company, with…

Who is an employer under the Massachusetts Wage Act? It’s a question we commonly face in representing employees in their disputes with employers over wages. A recent decision has recognized that investors who involve themselves closely in management and decision making – especially a decision not to pay wages – may have personal liability for…

S. 928 – An Act to Protect Employee Wages and H. 3775 – An Act to Protect Employees from Unscrupulous EmployersIntroduction (by Philip J. Gordon) Chairman McGee, Chairman Rodrigues and distinguished members of the Committee. Good morning. We are here today to ask you to clarify Massachusetts law so there is no mistake that when…

The First Circuit Court of Appeals recently held, in Campbell v. General Dynamics Government Systems Corp., that an employer’s use of email was insufficient to notify employees regarding a mandatory arbitration policy. As a result, the court dismissed the company’s attempt to force employees to arbitrate a grievance under the Americans with Disabilities Act, rather…

The United States Department of Labor has issued rules revising the criteria used to determine whether employees may be classified as “exempt” (e.g., salaried) from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA). These rules went effective August, 2004. The last significant change they made to these rules was…