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

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

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),

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

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

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,

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

The Business Litigation Session in Suffolk Superior Court refuses to grant an injunction to prevent employee from new employer after finding the new employer does not qualify as a “competitive business” barred under the employee’s non-compete. Commonwealth of Massachusetts, Superior Court SUMMARY: (court decision – opens in PDF) “Plaintiff Hyannis Port Research, Inc. (‘HPR’) commenced this action against a former

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

The Massachusetts Appeals Court has held that where a trash collection company entered into a five-year contract with a Massachusetts municipality, the company was obligated to pay the employees the higher prevailing wage for the final three years of the contract even though the original prevailing wage schedule did not contain rates for those years. United States District Court District

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

A Massachusetts federal court has awarded exotic dancers tips that they were unlawfully required to share with company managers. Under Massachusetts law it is impermissible for managers to share in tip pools. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “The Consolidated Plaintiffs, Leah Saad, Deanna Gallo, Brittany Duchaine and Sanchere Kelly (‘Plaintiffs’), have filed

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Massachusetts court finds employer mistake in severance agreement entitles employee to substantial severance payments. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Dahua Technology USA Inc. (‘Dahua’), a subsidiary of Zhejiang Dahua Technology Co., Ltd. (‘Zhejiang’), brought this action against Feng Zhang to reform an agreement terminating Zhang’s executive-level position at Zhejiang (the ‘Release

Non-Solicitation Contract: Employees Prohibited From Soliciting And Servicing Clients Of Former Employer

Employee Prevails In Unpaid Commission Case

FMLA Retaliation Case To Go To Trial

Unpaid Overtime Class Action Granted Class Certification

Age Discrimination Case to go to Trial in Boston Federal Court

Overtime Exemption for Administrative Employees Narrowed

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Adam J. Shafran

Adam J. Shafran

(617) 419-0074

Adam J. Shafran

Work & The Law

Non-Solicitation Contract: Employees Prohibited From Soliciting And Servicing Clients Of Former Employer

Employee Prevails In Unpaid Commission Case

FMLA Retaliation Case To Go To Trial

Unpaid Overtime Class Action Granted Class Certification

Age Discrimination Case to go to Trial in Boston Federal Court

Overtime Exemption for Administrative Employees Narrowed

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

Non-Solicitation Contract: Employees Prohibited From Soliciting And Servicing Clients Of Former Employer

Employee Prevails In Unpaid Commission Case

FMLA Retaliation Case To Go To Trial

Unpaid Overtime Class Action Granted Class Certification

Age Discrimination Case to go to Trial in Boston Federal Court

Overtime Exemption for Administrative Employees Narrowed

Non-Compete Not Enforced Because New Employer Does Not Qualify as a “Competitive Business.”

Trash Collection Workers Entitled To Recover Underpaid Prevailing Wages

Exotic Dancers In Massachusetts Recover Withheld Tips From Employer

Employer Mistake In Severance Agreement Entitles Employee To Substantial Severance

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