Work & The Law

Baked Goods Distributors Alleging Independent Contractor Misclassification Not Required To Arbitrate Claims.

The U.S. Court of Appeals for the First Circuit has ruled that baked goods distributors alleging they were misclassified as independent contractors are not required to arbitrate their claims, finding that they fall within the transportation worker exemption set forth in Section One of the Federal Arbitration Act. United States Court of Appeals SUMMARY: (court decision – opens in PDF) “This

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Non-Compete Ruled Enforceable

The Business Litigation Session of the Massachusetts Superior Court has ruled that a non-compete signed three days prior to the effective date of the Massachusetts Non-Competition Act (G.L. c. 149, § 24L) is enforceable and not governed by the statute. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Vicarious Surgical Inc. has designed, and is seeking federal regulatory approval

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Executive Employment Agreements in Massachusetts

Executive Employment Agreements are written contracts between an executive employee and an employer. These agreements outline the terms and conditions of the executive’s employment, including the responsibilities, compensation, benefits, and termination procedures. The purpose of these agreements is to protect both the employer and the executive employee and ensure that there is mutual understanding regarding the terms of their relationship.

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Former Employee Not In Violation Of Non-Solicitation Provision

A U.S. District Court judge has denied an employer’s request for an injunction prohibiting former employee from soliciting their employees, finding the fact that the employee is planning to work for a competitor and spoke with one of the company’s employees about whether they were considering a job with the same competitor was not sufficient to demonstrate a violation of

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Pregnancy Discrimination Claim To Go To Trial

A U.S. District Court judge has denied an employer’s motion for summary judgment, finding that the reason for given for termination could be pretext for pregnancy discrimination. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff Christin Ronzio brings a pregnancy discrimination suit against Defendant Williams Lea, Inc. (‘Williams Lea’) for terminating her employment

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Overtime Wage Laws in Massachusetts: What Employees Need to Know

In Massachusetts, employees are entitled to receive overtime pay for any hours worked over 40 in a given workweek. The overtime rate is 1.5 times the employee’s regular hourly rate. This means that if an employee earns $20 per hour, they would be entitled to receive $30 per hour for any overtime hours worked. However, there are some exceptions to

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Draws Against Commissions Paid to Employee Ruled Not Recoverable

A Federal Court judge has dismissed an employer’s attempt to recover draws paid against commissions to an employee because the contract failed to specify that they were recoverable. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Both parties agree that a May 7, 2021 offer letter from Defendants to Plaintiff operated as an employment

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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

Read More »

Baked Goods Distributors Alleging Independent Contractor Misclassification Not Required To Arbitrate Claims.

The U.S. Court of Appeals for the First Circuit has ruled that baked goods distributors alleging they were misclassified as independent contractors are not required to arbitrate their claims, finding that they fall within the transportation worker exemption set forth in Section One of the Federal Arbitration Act. United States Court of Appeals SUMMARY: (court decision – opens in PDF) “This

Read More »

Non-Compete Ruled Enforceable

The Business Litigation Session of the Massachusetts Superior Court has ruled that a non-compete signed three days prior to the effective date of the Massachusetts Non-Competition Act (G.L. c. 149, § 24L) is enforceable and not governed by the statute. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Vicarious Surgical Inc. has designed, and is seeking federal regulatory approval

Read More »

Executive Employment Agreements in Massachusetts

Executive Employment Agreements are written contracts between an executive employee and an employer. These agreements outline the terms and conditions of the executive’s employment, including the responsibilities, compensation, benefits, and termination procedures. The purpose of these agreements is to protect both the employer and the executive employee and ensure that there is mutual understanding regarding the terms of their relationship.

Read More »

Former Employee Not In Violation Of Non-Solicitation Provision

A U.S. District Court judge has denied an employer’s request for an injunction prohibiting former employee from soliciting their employees, finding the fact that the employee is planning to work for a competitor and spoke with one of the company’s employees about whether they were considering a job with the same competitor was not sufficient to demonstrate a violation of

Read More »

Pregnancy Discrimination Claim To Go To Trial

A U.S. District Court judge has denied an employer’s motion for summary judgment, finding that the reason for given for termination could be pretext for pregnancy discrimination. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiff Christin Ronzio brings a pregnancy discrimination suit against Defendant Williams Lea, Inc. (‘Williams Lea’) for terminating her employment

Read More »

Overtime Wage Laws in Massachusetts: What Employees Need to Know

In Massachusetts, employees are entitled to receive overtime pay for any hours worked over 40 in a given workweek. The overtime rate is 1.5 times the employee’s regular hourly rate. This means that if an employee earns $20 per hour, they would be entitled to receive $30 per hour for any overtime hours worked. However, there are some exceptions to

Read More »

Draws Against Commissions Paid to Employee Ruled Not Recoverable

A Federal Court judge has dismissed an employer’s attempt to recover draws paid against commissions to an employee because the contract failed to specify that they were recoverable. United States District Court, District of Massachusetts SUMMARY: (court decision – opens in PDF) “Both parties agree that a May 7, 2021 offer letter from Defendants to Plaintiff operated as an employment

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 »

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