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12 November 2021
By Hannah Schindler Spinelli and Scott M. Zanolli The 2018 enactment of the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L (the “Act”), changed the Massachusetts noncompete landscape by setting forth certain specific minimum conditions which must be included in any noncompete agreement in order for the agreement to be deemed valid and enforceable. One such requirement mandates that...
1 November 2021
By: Mollie R. Sullivan Respondeat Superior, a Latin phrase which directly translates to “let the master answer,” refers to the theory that an employer should be held liable for its employee’s conduct. This theory is important in personal injury actions because bringing claims against a tortfeasor’s employer allows for recovery from additional insurance coverage, with typically larger policies. Thus, a...
15 March 2021
By: Scott M. Zanolli, Esq. With COVID-19 infections rates decreasing and the number of vaccinations increasing, many employers are beginning to recall employees back to office spaces or putting plans in place to do so. This will leave many employers wondering: what can be done if employees refuse to return to the office out of fear of the virus? Can...
3 October 2017
By: Lena J. Finnerty On July 27, 2017, Governor Baker signed into law the Massachusetts Pregnant Workers Fairness Act (the “MPWFA”) which extends the protections afforded pregnant workers in Massachusetts beyond those currently provided under federal law. The Act, which will go into effect April 1, 2018, will amend the current anti-discrimination statute in Massachusetts, to prohibit workplace and hiring...
18 July 2017
By Curtis Dooling The Massachusetts Wage Act, G. L. c. 149, § 148, requires that employers pay their employees’ wages within six days of the end of the applicable pay period. The law includes harsh penalties for failure to pay wages, including the mandatory award of triple damages and attorneys’ fees. An employer that violates the Wage Act can also...
5 December 2016
By Karen Rabinovici The Fair Labor Standards Act (FLSA), which applies to all employees employed in the private sector as well as to government employees, establishes the minimum wage, overtime pay requirements, recordkeeping requirements, and child labor standards. It was the FLSA that first introduced the forty-hour workweek, the concept of minimum wage, and time and a half for overtime...
9 March 2016
By: Scott M. Zanolli When one considers the phrase “sealed record,” what words or phrases come to mind? Airtight? Impenetrable? While records should remain sealed to an employer who may file a Criminal Offender Record Information (CORI) request as part of a background check on a potential employee, neither word accurately describes the working definition for sealed records under Massachusetts...
28 July 2015
By Karen Rabinovici Small business owners who have decided to reimburse their employees’ health insurance premiums as a way of lowering the burdensome cost of directly providing health insurance are learning the meaning of the expression “no good deed goes unpunished.” Faced with the expense of providing health insurance as required by the Patient Protection and Affordable Care Act (“PPACA”),...
14 July 2015
By: Curtis B. Dooling A Massachusetts District Court judge upheld the earned sick time law on Monday (July 13), the second court to uphold the new law after construction contractors unsuccessfully challenged the law. A U.S. District Court judge dismissed their claims last week. The earned sick time law, which requires nearly all Massachusetts employers to provide earned sick time...
28 February 2013
Employment Law Rights in Massachusetts: The Latest Developments from the Massachusetts Commission Against Discrimination on Sexual Harassment and Discrimination By: Scott M. Zanolli Massachusetts General Laws c. 151B prohibits sexual harassment in the workplace. Sexual harassment is defined as “sexual advances , requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) submission to...
31 January 2013
By: Scott M. Zanolli It is unlawful for an employer to terminate a pregnant female’s employment, or to take any other adverse employment action against the employee, on account of pregnancy. Under Federal law, The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964, and provides that discrimination on the basis of pregnancy, childbirth, or related...
9 January 2013
By Scott M. Zanolli Highly compensated executives are routinely required to sign non-compete agreements as a condition of their employment. It is well-accepted that employers have a legitimate interest in protecting their investment in their employees, and courts are often called upon to balance such concerns against an employee’s right to make a living in his or her chosen field....
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