In an effort to avoid their obligations under the Massachusetts Wage Act (“Wage Act”), many employers now condition the payment of commission on continued employment. Sometimes those same employers the fire employees to avoid the commissions because the employee was not working when the commission came due. This may no ...
Tag: department of labor
February 15, 2020Philip Gordon
Many families in Massachusetts use au pairs to care for their children. The United States Department of State ("DOS") administers this “Au Pair Program,” whereby foreign nationals obtain a special type of visa and are placed with host families in the United States, so that the foreign nationals may provide ...
December 5, 2019Philip Gordon
Are inside salespersons who are paid 100% commission, entitled to overtime pay and Sunday Pay. In short, yes. On May 8, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued guidance for all employees in Massachusetts who are inside salespersons and receive payment on a 100% commission basis. In Sullivan v. Sleepy’s. ...
May 10, 2019Philip Gordon
Employers work hard to make sure employees can’t hire their own lawyers. One way to do that is to make sure employee-side lawyers cannot get paid, and that typically means fighting the court award of attorney’s fees. An interesting question arose recently. Is an employee who settles a case under the ...
February 15, 2019Philip Gordon
It has been long thought that union members would still have the protections of the Massachusetts Wage Act. That our laws set a floor below which unions and employers could not dip below. While some trial court judges have dismissed those protections, allowing unions and their employers to negotiate away ...
September 8, 2018Philip Gordon
Lawyers Weekly interviewed Philip Gordon for an article concerning the Attorney General's new Pay Equity Guidance. View Article
March 8, 2018Philip Gordon
Philip Gordon was interviewed by the Brockton Enterprise concerning a new report released by the City of Brockton attempting to second guess the landmark $4M jury verdict awarded to Gordon Law Group's client, Russell Lopes, for outrageous acts of discrimination and retaliation. Since that verdict, the City commissioned a ...
January 21, 2018Philip Gordon
The DOL has made it easier for employers to avoid paying interns by abandoning their six-part test for distinguishing between interns and employees. The updated fact sheet was released today. You may view it here.
January 5, 2018Philip Gordon
Kendall Buhl interviewed Philip Gordon for his program: More Boston-Area Women Executives Saying "Me Too" (Listen)
November 27, 2017Philip Gordon
In its latest ruling under the New York City Human Rights Law (NYCHRL), New York’s highest court clarified the standard for plaintiffs to obtain punitive damages. In a landmark ruling, the Court held that “the standard for determining punitive damages under the NYCHRL is whether the wrongdoer has engaged ...
November 25, 2017Philip Gordon
Aaron Nicodermus quoted Philip Gordon in an article in Bloomberg Law (Bloomberg) about the use of lie detector tests (also known as a polygraph test) in employment. Let us know if you would like a copy of the article. And, of course, if you are asked to take ...
October 31, 2017Philip Gordon
No surprise. Corporate sexual harassment trainings simply don’t work. A study form the University of Oregon found that, “Without a morally compelling legal core to animate the purpose of the training and provide coherence to the rules, harassment training becomes a hollow exercise in corporate compliance. The ...
October 18, 2017Philip Gordon
The Supreme Court heard oral arguments in three cases that may fundamentally shift the workplace, by ruling whether or not employees wronged by their employer can band together and sue on a class action basis. There is a deep divide among courts over mandatory arbitration clauses, especially in the ...
October 2, 2017Philip Gordon
Philip Gordon was quoted in Bloomberg Law today concerning Dell EMC's $110,000 settlement of discrimination claims brought by a transgender intern who said she was subject to a hostile work environment, denied advancement and retaliated against. Call if you're having trouble retrieving the article, and we can get you a copy. ...
September 1, 2017Philip Gordon
After a long battle, pregnant worker protection finally passes. Discrimination law has always protected pregnant workers, but that duty to accommodate pregnancy was narrow, leaving workers without ability to get breaks, to temporarily avoid hazardous positions or to get help with manual labor. Employers may still deny accommodations ...
August 5, 2017Philip Gordon
Medical marijuana has been legal for use by “qualified patients” in Massachusetts since 2012, and has been equivalent to using any other prescription medication since. For the first time, the Massachusetts courts have ruled that “qualified patients” under the Medical Marijuana Act (which does not provide specific disability discrimination ...
July 17, 2017Philip Gordon
The Department of Justice just switched sides, and now supports class action waivers. For the past few years, the DOJ has defended the national Labor Relations Board’s position that class action waivers violated the NLRA and were unenforceable. No more. In a brief filed with the Supreme ...
June 19, 2017Philip Gordon
This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act. The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant ...
June 7, 2017Philip Gordon