Wage Claim Based on Training Cost Repayment Requirement to Proceed

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

Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

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

Claim of Unpaid Severance to Proceed

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

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

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

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

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

Employer Not Liable For Employee’s Alleged Theft Of Trade Secrets From Prior Employer

A judge in the Massachusetts Superior Court Business Litigation has dismissed claims brought against an employer arising out of a new employee’s alleged theft of trade secrets from his former employer, finding that the new employer had no knowledge of our encouraged any use of the allegedly stolen material. Massachusetts Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff

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

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

Wage Claim Based on Training Cost Repayment Requirement to Proceed

Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

Claim of Unpaid Severance to Proceed

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

Non-Compete Ruled Enforceable

Former Employee Not In Violation Of Non-Solicitation Provision

Pregnancy Discrimination Claim To Go To Trial

Employer Not Liable For Employee’s Alleged Theft Of Trade Secrets From Prior Employer

Draws Against Commissions Paid to Employee Ruled Not Recoverable

Herb Chambers’ Owned Entities Deemed Joint Employer

Adam J. Shafran

Adam J. Shafran

(617) 419-0074

Adam J. Shafran

Work & The Law

Wage Claim Based on Training Cost Repayment Requirement to Proceed

Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

Claim of Unpaid Severance to Proceed

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

Non-Compete Ruled Enforceable

Former Employee Not In Violation Of Non-Solicitation Provision

Pregnancy Discrimination Claim To Go To Trial

Employer Not Liable For Employee’s Alleged Theft Of Trade Secrets From Prior Employer

Draws Against Commissions Paid to Employee Ruled Not Recoverable

Herb Chambers’ Owned Entities Deemed Joint Employer

Wage Claim Based on Training Cost Repayment Requirement to Proceed

Virginia-based employee’s Massachusetts Wage Act and 151B Discrimination Claims Survive Motion to Dismiss

Claim of Unpaid Severance to Proceed

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

Non-Compete Ruled Enforceable

Former Employee Not In Violation Of Non-Solicitation Provision

Pregnancy Discrimination Claim To Go To Trial

Employer Not Liable For Employee’s Alleged Theft Of Trade Secrets From Prior Employer

Draws Against Commissions Paid to Employee Ruled Not Recoverable

Herb Chambers’ Owned Entities Deemed Joint Employer

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