Work & The Law

Herb Chambers’ Owned Entities Deemed Joint Employer

A Superior Court judge has ruled that Herb Chambers BMW and Mini of Boston and Jennings Road Management Corp. (an entity wholly owned by Herb Chambers) are the joint employer of dealership employee. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “The case was tried without a jury by agreement of the parties to address the limited issue

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Non-Solicitation Contract: Employees Prohibited From Soliciting And Servicing Clients Of Former Employer

The Business Litigation Session of the Massachusetts Superior Court Upholds Contractual Non-Solicitation and Non-Servicing Provisions Against Employees. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “The plaintiffs, ABD Insurance and Financial Services Inc., d/b/a Newfront Insurance Services, LLC (‘Newfront’), Louisa Bolick, Erika Papadopulos, Michael Talmanson and Brian Kelleher (‘Individual Plaintiffs’), commenced this action on July 25, 2022, against the

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Employee Prevails In Unpaid Commission Case

The U.S. District Court for the District of Massachusetts has awarded a former employee of Grove Services, Inc. $325,556 in unpaid commissions. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Paulo Trindade (‘Plaintiff’) brought this action against his former employer Grove Services, Inc. (‘Grove’) and its President, Victor Spivak (‘Spivak,’ together ‘Defendants’), alleging breach

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FMLA Retaliation Case To Go To Trial

The U.S. District Court for the District of Massachusetts has denied the employer DHL Express (USA), Inc.’s motion for summary judgment on employee’s claims for retaliation under the Family Medical Leave Act (“FMLA”). United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Gregory Caizzi brings this lawsuit against his former employer, DHL Express (USA), Inc. (DHL),

Read More »

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Unpaid Overtime Class Action Granted Class Certification

The U.S. District Court for the District of Massachusetts has granted class certification of a group of “fresh department managers” who worked for Hannaford Brothers grocery store and are seeking to recover unpaid overtime and Sunday pay compensation. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Judith Prinzo (‘Prinzo’) requests that this Court certify

Read More »

As An Employee Am I Entitled To Be Compensated For Travel Time Under Massachusetts Employment Laws?

Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows: (a)   Ordinary travel between home and work is not compensable working time. (b)

Read More »

Age Discrimination Case to go to Trial in Boston Federal Court

The U.S. District Court for the District of Massachusetts rules that employer’s suggestions of retirement to employee and reallocation of responsibilities to younger employee warrants a trial on employee’s age discrimination claim. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Richard J. Durepo, Jr. (Plaintiff), brings this action against his former employer, Eastman Chemical

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Overtime Exemption for Administrative Employees Narrowed

The First Circuit Court of Appeals has issued a ruling narrowing the overtime exemption for administrative employees, providing greater overtime rights for administrative workers.” United States Court of Appeals, For the First Circuit SUMMARY: (court decision – opens in PDF) “Compliance with the Fair Labor Standards Act’s (‘FLSA’) overtime pay requirements is critical to ensuring worker protections. Before us, Appellant,

Read More »

Herb Chambers’ Owned Entities Deemed Joint Employer

A Superior Court judge has ruled that Herb Chambers BMW and Mini of Boston and Jennings Road Management Corp. (an entity wholly owned by Herb Chambers) are the joint employer of dealership employee. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “The case was tried without a jury by agreement of the parties to address the limited issue

Read More »

Non-Solicitation Contract: Employees Prohibited From Soliciting And Servicing Clients Of Former Employer

The Business Litigation Session of the Massachusetts Superior Court Upholds Contractual Non-Solicitation and Non-Servicing Provisions Against Employees. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “The plaintiffs, ABD Insurance and Financial Services Inc., d/b/a Newfront Insurance Services, LLC (‘Newfront’), Louisa Bolick, Erika Papadopulos, Michael Talmanson and Brian Kelleher (‘Individual Plaintiffs’), commenced this action on July 25, 2022, against the

Read More »

Employee Prevails In Unpaid Commission Case

The U.S. District Court for the District of Massachusetts has awarded a former employee of Grove Services, Inc. $325,556 in unpaid commissions. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Paulo Trindade (‘Plaintiff’) brought this action against his former employer Grove Services, Inc. (‘Grove’) and its President, Victor Spivak (‘Spivak,’ together ‘Defendants’), alleging breach

Read More »

FMLA Retaliation Case To Go To Trial

The U.S. District Court for the District of Massachusetts has denied the employer DHL Express (USA), Inc.’s motion for summary judgment on employee’s claims for retaliation under the Family Medical Leave Act (“FMLA”). United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Gregory Caizzi brings this lawsuit against his former employer, DHL Express (USA), Inc. (DHL),

Read More »

Massachusetts Prevailing Wage: What You Need to Know

The term “prevailing wage” refers to the minimum hourly wage rate that must be paid to workers on public works projects in Massachusetts. The prevailing wage is determined by the Massachusetts Department of Labor and Workforce Development and is based on the prevailing wage rate for similar work in the same geographic area. Who is Affected by Prevailing Wage Laws?

Read More »

Unpaid Overtime Class Action Granted Class Certification

The U.S. District Court for the District of Massachusetts has granted class certification of a group of “fresh department managers” who worked for Hannaford Brothers grocery store and are seeking to recover unpaid overtime and Sunday pay compensation. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Judith Prinzo (‘Prinzo’) requests that this Court certify

Read More »

As An Employee Am I Entitled To Be Compensated For Travel Time Under Massachusetts Employment Laws?

Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows: (a)   Ordinary travel between home and work is not compensable working time. (b)

Read More »

Age Discrimination Case to go to Trial in Boston Federal Court

The U.S. District Court for the District of Massachusetts rules that employer’s suggestions of retirement to employee and reallocation of responsibilities to younger employee warrants a trial on employee’s age discrimination claim. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Richard J. Durepo, Jr. (Plaintiff), brings this action against his former employer, Eastman Chemical

Read More »

Massachusetts Department of Labor Standards updates Prevailing Wage Topical Outline

On December 7, 2022, the Massachusetts Department of Labor Standards issued an update to its Topical Outline of Massachusetts Prevailing Wage Law. This outline provides guidance on all issues related to compliance with the Massachusetts prevailing wage law, including detailed opinion letters on the type of work covered by various occupational classifications. These occupational classifications include, but are not limited

Read More »

Overtime Exemption for Administrative Employees Narrowed

The First Circuit Court of Appeals has issued a ruling narrowing the overtime exemption for administrative employees, providing greater overtime rights for administrative workers.” United States Court of Appeals, For the First Circuit SUMMARY: (court decision – opens in PDF) “Compliance with the Fair Labor Standards Act’s (‘FLSA’) overtime pay requirements is critical to ensuring worker protections. Before us, Appellant,

Read More »

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