On December 16, 2020, the United States Equal Employment Opportunity Commission ("EEOC") issued guidance addressing questions related to the administration of the COVID-19 vaccine to their employees. Under this guidance, employers may require their employers to be...
Employer
Payment of Wages and Earned Vacation Not Due Until Actual Date of Discharge, Even If Employee Stopped Working Earlier
In Knous v. Broadridge Financial Solutions, Inc., the United States District Court for the District Court of Massachusetts awarded summary judgment to an employer on the employee's claims of unpaid wages and earned vacation at the time of discharge. As a result of...
First Circuit Upheld District Court’s Preliminary Injunction Applying Delaware Law Based on Massachusetts’s Choice-of-Law Framework
Recently, in NuVasive, Inc. v. Day, the United States Court of Appeals for the First Circuit upheld the decision of the United States District Court for the District of Massachusetts to apply Delaware law and grant an employer a preliminary injunction against a former...
SJC Determines Unpaid Commissions Due to Retaliatory Firing “[M]ust Be Trebled,” per the Wage Act
Recently in Parker v. EnerNOC, Inc., the Supreme Judicial Court held that, per the Massachusetts Wage Act, G.L. c. 149, §§ 148A, 150, an employee, who was deprived of a commission as a result of a retaliatory termination by her employer prior to the commission coming...
Conclusory Allegations, Even When Admitted by the Opposing Party, Deemed Insufficient to Defeat Summary Judgment in FLSA Dispute
Recently in Costello v. Molari, Inc. (Memo and Order, November 20, 2019), the United States District Court for the District of Massachusetts granted an employer summary judgment because the employee failed to show that the Fair Labor Standards Act ("FLSA") applied to...
Court Grants Summary Judgment to Employer on Former Employee’s Claim of Gender-Based Associational Discrimination and Retaliation
In Baer v. Montachusett Regional Technical School District (D. Mass. May 17, 2019), the United States District Court for the District of Massachusetts granted summary judgment to an employer on a former employee's claim that he was discriminated and retaliated against...
Medical Marijuana in the Workplace
In a recent landmark decision, Barbuto v. Advantage Sales & Marketing, LLC, the Supreme Judicial Court ruled that an employer that terminated an employee for testing positive for marijuana use (which violated the company's policy) could be found to have...
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