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 ...
June 28, 2012Philip Gordon
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 ...
June 25, 2012Philip Gordon
Pharmaceutical Representatives have long argued that they are entitled to overtime, working long hours with little authority to do much other than recommend products, and the Department of Labor has supported that view in its written opinions. But the pharmaceutical industry has refused to comply, arguing that those representatives ...
June 19, 2012Philip Gordon
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 ...
March 12, 2012Philip Gordon
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 ...
December 28, 2011Philip Gordon
Recently, the US Supreme Court has taken a hostile view of employment cases and consumer protections by gutting the class action rules, leaving many individuals without meaningful relief. In short, this has meant that companies who damaged consumers and employees consistently across many individuals but in very small doses, ...
October 31, 2011Philip Gordon
All hours worked are important hours, and no employer shall fail to pay employees the minimum wage. But, what happens when an employer decides not to pay employees for certain working hours? Some courts have found that so long as an employee received at least the minimum wage, ...
September 30, 2011Philip Gordon
Employers and their powerful lobbyists sought limits on how often employee can access their own employment files, and they got what they asked for – with a bit of good news for employees, too. A new law says that employees may no longer request access to their personnel records ...
September 15, 2010Philip Gordon
Seeking to put an end to the landmark discrimination verdict, Novartis and the plaintiffs representing the 5,600 women who worked there from 2002 until 2007 agreed to settle the case for $152 million, with an additional promise to spend $22.5 million over three years to improve its policies. The fairness hearing ...
July 14, 2010Philip Gordon
Massachusetts employees working for a Massachusetts company receive the benefit of the Massachusetts Wage Act even if they work at the company’s facility in Connecticut. The Federal District Court focused on language in the Wage Act that refers to any “employer” in the Commonwealth, not to any “employee” in ...
June 29, 2010Philip Gordon
In a landmark class action verdict against Novartis, a New York jury awarded $250 million in punitive damages for sexual discrimination on behalf of 5,600 women who worked for Novartis from 2002 to 2007, along with $3.3 million in compensatory damages for the 12 women who brought the complaint. ...
May 14, 2010Philip Gordon
President Obama signed the Patient Protection and Affordable Care Act today, and part of the legislation protects mothers. The legislation amended federal law to require that nursing mothers be provided with “reasonable break time” to express breast milk “each time” its needed, for up to one year after birth. Employers ...
March 23, 2010Philip Gordon
Underwriters tasked with approving loans in accordance with detailed guidelines provided by their employer are not exempt – that is, they are entitled to overtime. Many employers misclassify their Underwriters and deny them overtime. These employers have long justified the misclassification on the “administrative exemption.” This week, the Second ...
November 29, 2009Philip Gordon
In the goal to protect goodwill, confidential information and trade secrets, the typical non-competition agreements that companies use damage the targeted employee in measures far beyond the benefits – the business equivalent of a scarlet letter. But in an environment where non-competition agreements remain enforceable, those businesses seeking to ...
October 1, 2009Philip Gordon
Workers who are misclassified by their employers as independent contractors can finally recover they full value of the wages and benefits they should have received as an employee, but did not. It has long been the case that an independent contractor who should have received overtime, if she ...
September 7, 2009Philip Gordon
In what seems like an obvious decision, the Supreme Judicial Court struck down EDS’s policy to deny employees a payout of earned vacation upon termination. The decision, Electronic Data Systems Corporation v. Attorney General, confirmed that when an employee earns vacation and is fired, the employer must pay out that employee ...
June 12, 2009Philip Gordon
With all the talk of possible casinos on Indian reservation land in Massachusetts, not much has been said about whether those tribes would have to follow labor and employment laws. A decision this week from the Court of Appeals for the Ninth Circuit in Washington State may shed light on at ...
April 25, 2009Philip Gordon
Employers can not coerce employees to work for free, deferring wages until the occurrence of some event. Oftentimes employers short of cash turn to their number one expense item, employee wages. In an effort to reduce their expenses some employers take their needs to an extreme, asking ...
April 4, 2009Philip Gordon