Work & The Law

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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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),

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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

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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

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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,

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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

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 »

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 »

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 »

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 »