Case Survives Summary Judgment This article appeared in Law 360 Steward Must Convince Jury Doc Fired For HIPAA Violation By Chris Villani Law360, Boston (May 16, 2018, 3:54 PM EDT) — Steward Healthcare System LLC will need to convince a jury it fired a...
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Employment & Discrimination
RLO Protects ATF Employee from Gender Discrimination
Rosen & Goyal, settled a case in favor of a female employee of the bureau of Alcohol, Tobacco and Firearms, who was disciplined for the sort of conduct that male agents got away with. The Boston Globe discussed the case in an article about sexual harassment at...
Massachusetts Wage Act Overview
Get the Wages You Have Earned Here are a few ways employees get cheated: They don’t get all their wages at the end of every pay period. They work on public works projects but don’t get paid the prevailing wage. They don’t get paid commissions when they are due. They...
Too Sexy for My Job
Can you fire a woman because she’s too attractive? We wouldn’t advise it, but a couple of employers have gotten away with it. A dentist fired his assistant because he was irresistibly attracted to her. The assistant had worked at his office for ten years, and her work...
When are Releases of Wage Act Claims Valid and Enforceable?
When an employee signs a general release of claims, the hope and expectation is that you will not hear from the employee again. In fact, that is the primary purpose of the release, especially when the employee is compensated in exchange for signing it. However, a...
Surviving Challenges to your Non-Compete Agreement
In Massachusetts, the validity and enforceability of non-compete agreements is a heavily litigated area of employment law. Non-compete agreements will generally be enforceable when they seek to protect legitimate business interests of the employer such as trade...
Wages During a Disaster
People have been asking us whether they are entitled to be paid after a hurricane or other disaster closes their workplace. Hourly, or nonexempt, employees are paid only for the hours they actually work. If the business is closed during a natural disaster, they do not...
When is your construction employee entitled to the Prevailing Wage?
Not everyone who works on a public construction project in Massachusetts has to be in a union. However, to prevent ordinary workers from undercutting the unions, non-union shops have to pay their employees approximately what union workers make. Prior to the start of...
Masssachusetts Data Privacy Update
Most businesses that handle “personal information” of Massachusetts’ residents (i.e., a resident’s name and financial information, such as driver’s license, credit card number or social security number) must satisfy additional requirements of the Massachusetts data...
How to Avoid Being Sued After You Fire an Employee
Employers must be sensitive to the emotional reactions of employees when they have been fired. An employee who realizes he may have played a part in his separation will respond differently from an employee who comes to the conclusion that he was discriminated against...