Tag Archives: SJC

Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!

Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee … Continue reading

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Violation of Sick Time Payout Policy Not a Wage Act Violation

The Massachusetts Wage Act, G.L. c. 149, §148, is in the news again, the subject of another noteworthy decision by the Massachusetts Supreme Judicial Court. Like the decision declining to extend personal liability to Board members and investors for Wage … Continue reading

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Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing, LLC, et al. that an employee who used medical marijuana to treat a debilitating … Continue reading

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Can supervisors in Massachusetts be held individually liable for FMLA violations? Apparently so.

In a recent U.S. District Court case, Eichenholz v. Brink’s Inc., et al., Case 16-cv-11786-LTS (D. Mass., May 2017), the court found that the plaintiff-employee’s supervisor could be held individually liable for alleged violations of the employee’s rights under the … Continue reading

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Termination for Cause Provisions: Every Word Matters

Particularly with respect to executive employees, it is not unusual for an employment agreement to be used.  Those agreements tend to have detailed provisions regarding when the executive may be terminated and what happens if the termination is with or … Continue reading

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SJC Makes It Easier For Plaintiffs to Survive Summary Judgment

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Massachusetts plaintiffs will now have an easier time staving off an employer’s motion for summary judgment and reaching trial, even if they cannot ultimately prove that the employer’s real reason for its action was unlawful discrimination. Continue reading

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