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The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose
The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the
The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument
A U.S. District Court Judge has granted summary judgment in favor of the U.S. Department of Labor, ruling that F.W. Webb Inside Sales Representatives were misclassified as exempt employees and improperly denied overtime compensation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiff Julie Su, the Acting Secretary of the United States Department of Labor (‘the ‘Secretary’),
A U.S. District Court judge has denied an employer’s motion to dismiss, holding that an employer’s requirement that employees repay so-called training costs may constitute a wage violation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiffs Christopher Connor McClain (‘McClain’), Dennis Abramov (‘Abramov’), Miles Collins (‘Collins’), Jeffrey Butler Hanson, Jr. (‘Hanson’), Ricky LeBlanc (‘LeBlanc’), Samuel Shepherd
A U.S. District Court judge has denied a motion to dismiss a Virginia-based employee’s Massachusetts Wage Act and 151 discrimination claims, finding that the employer’s Massachusetts headquarters, the employee’s regular communication with Massachusetts-based employees, and the employee’s business travel to Massachusetts was sufficient to state a claim for violation of Massachusetts law. United States District Court SUMMARY: (court decision – opens
The U.S. Court of Appeals for the First Circuit has reversed a District Court decision dismissing a CEO’s claim for unpaid severance, finding that the CEO adequately plead that she was terminated without cause. United States Court of Appeals SUMMARY: (court decision – opens in PDF) “Valerie Sullivan worked for etectRx, Inc. (‘etectRx’), a digital health company, as its CEO from
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
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
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
The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose
The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the
The Massachusetts Supreme Judicial Court has ruled that the state prevailing wage statutes are not preempted by federal railway law and lowers the pleadings threshold for employees pursuing unpaid prevailing wage claims. Massachusetts Supreme Judicial Court SUMMARY: (court decision – opens in PDF) “Because the defendants’ argument is unsupported by the plain language of the ICCTA, and because the argument
A U.S. District Court Judge has granted summary judgment in favor of the U.S. Department of Labor, ruling that F.W. Webb Inside Sales Representatives were misclassified as exempt employees and improperly denied overtime compensation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiff Julie Su, the Acting Secretary of the United States Department of Labor (‘the ‘Secretary’),
A U.S. District Court judge has denied an employer’s motion to dismiss, holding that an employer’s requirement that employees repay so-called training costs may constitute a wage violation. United States District Court SUMMARY: (court decision – opens in PDF) “Plaintiffs Christopher Connor McClain (‘McClain’), Dennis Abramov (‘Abramov’), Miles Collins (‘Collins’), Jeffrey Butler Hanson, Jr. (‘Hanson’), Ricky LeBlanc (‘LeBlanc’), Samuel Shepherd
A U.S. District Court judge has denied a motion to dismiss a Virginia-based employee’s Massachusetts Wage Act and 151 discrimination claims, finding that the employer’s Massachusetts headquarters, the employee’s regular communication with Massachusetts-based employees, and the employee’s business travel to Massachusetts was sufficient to state a claim for violation of Massachusetts law. United States District Court SUMMARY: (court decision – opens
The U.S. Court of Appeals for the First Circuit has reversed a District Court decision dismissing a CEO’s claim for unpaid severance, finding that the CEO adequately plead that she was terminated without cause. United States Court of Appeals SUMMARY: (court decision – opens in PDF) “Valerie Sullivan worked for etectRx, Inc. (‘etectRx’), a digital health company, as its CEO from
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
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
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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