Work & The Law

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

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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?

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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

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 »

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 »