Adam J. Shafran

Boston Employment Law Attorney

Adam J. Shafran

Boston Employment Law Attorney

(617) 419-0074

Call Attorney Shafran Today!

Adam J. Shafran

Boston Employment Law Attorney

Work & The Law

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

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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

Read More »

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

Read More »

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

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Massachusetts Court Finds Non-solicitation Agreement Enforceable

Court finds non-solicitation agreement enforceable but declines to extend its time-frame. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Thermal Engineering International (USA) Inc. (‘Thermal Engineering’ or ‘plaintiff’) brings this action against Daryl L. Lanaville (‘Lanaville’ or ‘defendant’) seeking monetary damages and injunctive relief. Plaintiff alleges that defendant breached a non-solicitation covenant when he

Read More »

Misclassified as Independent Contractors : Class Certification Granted

In the summer of 2014, Adam Shafran of Rudolph Friedmann and co-counsel in Boston and San Francisco filed a putative class action complaint alleging that all former and current California based distributors of Pepperidge Farm, Inc. (a/k/a Sales Development Associates) have been misclassified as independent contractors by Pepperidge Farm. The class action complaint seeks to recover damages on behalf of

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies (“Smart”) to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors by Smart. Smart is a non-emergency medical transportation company

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Real Estate Agents and Independent Contractors – Monell v. Boston Pads LLC

An inconsistency between Massachusetts’ real estate statue and Massachusetts’ independent contract statute prompted plaintiffs to bring an action against the real estate companies they worked for. Plaintiffs argued they were improperly classified as independent contractors paid on a commission only basis, despite their employer exerting the type of direction and control over their activities more commonly associated with an employer-employee

Read More »

Mandatory Treble Damages in Wage Act Claims

A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award. “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

Massachusetts Court Finds Non-solicitation Agreement Enforceable

Court finds non-solicitation agreement enforceable but declines to extend its time-frame. United States District Court District of Massachusetts SUMMARY: (court decision – opens in PDF) “Thermal Engineering International (USA) Inc. (‘Thermal Engineering’ or ‘plaintiff’) brings this action against Daryl L. Lanaville (‘Lanaville’ or ‘defendant’) seeking monetary damages and injunctive relief. Plaintiff alleges that defendant breached a non-solicitation covenant when he

Read More »

Misclassified as Independent Contractors : Class Certification Granted

In the summer of 2014, Adam Shafran of Rudolph Friedmann and co-counsel in Boston and San Francisco filed a putative class action complaint alleging that all former and current California based distributors of Pepperidge Farm, Inc. (a/k/a Sales Development Associates) have been misclassified as independent contractors by Pepperidge Farm. The class action complaint seeks to recover damages on behalf of

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies (“Smart”) to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors by Smart. Smart is a non-emergency medical transportation company

Read More »

Unpaid Prevailing Wages: Lawsuit Filed Against Utility Metering Solutions

On November 23, 2016 Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Xtralight Manufacturing, Ltd. d/b/a Utility Metering Solutions (“UMS”) for unpaid prevailing wages, overtime wages and unreimbursed transportation expenses. On December 2, 2016, 25 additional UMS employees were added to the lawsuit as named-plaintiffs who also allege that they have not been paid

Read More »

Real Estate Agents and Independent Contractors – Monell v. Boston Pads LLC

An inconsistency between Massachusetts’ real estate statue and Massachusetts’ independent contract statute prompted plaintiffs to bring an action against the real estate companies they worked for. Plaintiffs argued they were improperly classified as independent contractors paid on a commission only basis, despite their employer exerting the type of direction and control over their activities more commonly associated with an employer-employee

Read More »

Mandatory Treble Damages in Wage Act Claims

A 2008 Amendment to the Massachusetts Wage Act simplified the award of treble damages in wage act violation cases. The amendment takes discretion away from the court and makes treble damages a mandatory award. “An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and

Read More »

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Boston Employment Law Attorney