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 ...
March 10, 2015Philip Gordon
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 ...
February 11, 2015Philip Gordon
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 ...
February 10, 2015Philip Gordon
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 ...
January 21, 2015Philip Gordon
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 ...
January 14, 2015Philip Gordon
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 ...
December 20, 2014Philip Gordon
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 ...
December 9, 2014Philip Gordon
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 Businesses employing more than 10 workers ...
November 6, 2014Philip Gordon
The Massachusetts legislature recently implemented legislation to assist victims of domestic violence with job protection when they require leave from work. The law applies to businesses employing 50 or more workers. It provides up to 15 days of leave during a 12 month period for employees who are victims of abusive ...
August 10, 2014Philip Gordon
In 2010, former employees filed a lawsuit against Goldman Sachs, alleging that the company perpetuates employment discrimination against female workers. USA Today recently reported that two plaintiffs are seeking to certify the lawsuit as a class-action case, which will expand the time frame of the lawsuit. They reportedly hope to include ...
July 3, 2014Philip Gordon
The California Supreme Court defined some parameters of employment law regulations when it ruled in favor of an illegal immigrant/undocumented worker who sued an employer for an unlawful firing. The employer tried to argue that the fact the worker was undocumented was a form of misconduct that justified the termination, but ...
June 30, 2014Philip Gordon
In Michigan this week, bipartisan legislation was signed protecting mothers who nurse their children in public from discrimination and prosecution. 45 states now have some form of law allowing women to breastfeed in public or private locations. The “Breastfeeding Anti-Discrimination Act” allows a woman to breastfeed a child in any public ...
June 27, 2014Philip Gordon
New legislation has been proposed that would increase the minimum salary basis level that employers need to pay as part of the requirements to avoid the overtime rules. Workers classified as executive, administrative or professional employees would have their weekly minimum pay more than doubled, and the floor for highly-compensated ...
June 23, 2014Philip Gordon
Two crucial pieces of proposed legislation will be decided by July 31st. The proposals include a hike in the minimum wage to $11.00 and a ban on noncompete agreements. Both proposals are great news for employees. If the legislation for the new minimum wage passes, then by January 1, 2017 the ...
June 17, 2014Philip Gordon
The U.S. Equal Employment Opportunity Commission (EEOC) appears to be on the verge of issuing new guidelines on pregnancy discrimination. Following a large and rapidly increasing number of lawsuits centering around pregnancy bias, the EEOC seems poised to take action following comments made by Solicitor General Donald B. Verrilli Jr. ...
June 9, 2014Philip Gordon
Employees in Colorado will have increased rights under the state’s Wage Protection Act of 2014. The law has been expanded to give the Colorado Department of Labor and Employment (CDLE) more power to pursue wage claims on behalf of the employee. The new law also includes the expansion of the ...
June 2, 2014Philip Gordon
Per Diem payments – payments intended to cover the daily expenses of an employee – count towards an employee’s regular rate of pay for calculating overtime according to the First Circuit. In Newman v. Advanced Technology Innovation Corp., the First Circuit found that if an employer calculates per diem on ...
May 25, 2014Philip Gordon
An employee fired just days after coming back from medical leave, has won over $100,000 as well as attorneys’ fees and costs. By firing the employee, the employer violated the federal Family and Medical Leave Act (FMLA) that says that you cannot fire an employee on FMLA leave without a ...
May 21, 2014Philip Gordon