Employment Litigation

Ashlyn Dowd featured in Community Legal Aid

PODCAST: Lauren Sparks discusses Analysis of the Supreme Court Title VII Ruling

Title VII of the Civil Rights Act of 1964 bars workplace discrimination on the basis of sexual orientation and gender identity.

Rich Van Nostrand quoted in Law360, "Mass. Noncompete Law Overhaul Not As Strict As It Seems"

Telegram's One on One with Employment Attorney Jonathan Sigel

Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law

Federal Appeals Court Halts Implementation of NLRB Employees' Rights Posting

New Limits on Employer Access To and Use Of Criminal Records Take Effect on May 4, 2012

Attorney General Announces $2.8 Million Settlement with 3 Companies that Violated Massachusetts Prevailing Wage and Misclassification Laws

Supreme Judicial Court Issues Much Anticipated Quinn Bill Decision

Transgender Discrimination Protection

Massachusetts Court Upholds Students' Suspensions for Hazing Incident

Principal and Teacher Who Exchanged Intimate E-Mails May Proceed with Invasion of Privacy Claim Against Employer

Addiction in the Workplace Forum: Bob Kilroy to serve on panel

Representative Matters

• Successfully defended an office solutions company in the U.S. District Court against a race discrimination claim brought by a regional sales manager. The plaintiff had rejected a settlement offer of several hundred thousand dollars before proceeding to trial
• Obtained a high-seven-figure award for our minority shareholder client following a jury-waived trial for "freeze-out" in Worcester Superior Court. This was on of the few cases in which the Court ordered the repurchase of a minority shareholder's stock interest in the company at a percentage of the company value without any discount for marketability or minority interest
• Successfully defended an automobile dealership and leasing company in Middlesex Superior Court against an age discrimination claim brought by a former sales manager
• Secured preliminary and permanent injunctions in the Business Litigation Session of the Suffolk Superior Court on behalf of a nano-particulate business against a former chief chemist for trade secret misappropriation
• Successfully defended a warehouse and bulk supplier in Bristol Superior Court in separate age discrimination and workers' compensation claims brought by a driver and a warehouse worker, respectively
• Successfully defended an accounting firm against a pregnancy discrimination claim brought by an accountant in Worcester Superior Court
• Obtained a summary judgment in favor of our accounting firm client in a disability discrimination claim in the U.S. District Court. On appeal, dismissal was affirmed by the U.S. Court of Appeals for the First Circuit
• Obtained a summary judgment in favor of our aerospace manufacturing client in a race discrimination claim in the U.S. District Court. The plaintiff's appeal was dismissed by the U.S. Court of Appeals for the First Circuit
• Obtained enforcement of a non-competition agreement on behalf of an educational software company, resulting in the removal of a former executive from a competitor's workforce and the recoupment of attorneys' fees
• Successfully defended multiple executives facing numerous counts of discrimination, wrongful termination and whistleblower retaliation in federal court. The case was won with an initial motion to dismiss prior to discovery
• Successfully defended a municipality facing breach-of-contract claims in federal court following termination of an employee's contract for poor performance. The case was won prior to summary judgment based on admissions by the plaintiff at her deposition
• Successfully defended a major medical institution facing breach-of-contract claims, intentional interference with contractual relations and defamation in federal court. The case was won with an initial motion to dismiss prior to discovery
• Successfully defended a service provider and its executives against age discrimination claims. The case was won based on admissions obtained at the plaintiff's deposition

Off the Clock: Labor, Employment and Employee Benefits Blog

Dartmouth College Men’s Basketball Team Held to Be Employees of Institution and Allowed to Unionize

In the Matter of Trustees of Dartmouth College & Service Employees International Union, Local 560, Case 01-RC-325633 (2024), the Regional Office of the National Labor Relations Board (the “NLRB” or the “Board”) has provided yet another expansion of the Board’s on-going …

New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees by February 14

California has long taken an extremely strong position against non-compete agreements, but new laws which took effect January 1, 2024 make that prohibition even stronger and impact employers nationwide who have any employees in California.  California now expressly prohibits any …

Navigating Pay Transparency Laws: What Employers Need to Know

Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose …

Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act

As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, …

Is Your Company in Compliance With Executive Order 13706?

In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …

SJC Finds Public Meeting Comment Restrictions Unconstitutional

Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …

The FTC’s Proposed Ban On Noncompetes – Predictions

Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …

Update Policies to Comply with the Massachusetts CROWN Act

At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with …

2023 Changes in Massachusetts Employment Laws

            Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect. Changes to Minimum Wage & Premium Pay Changes to Paid Family and Medical Leave (PFML) …

Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …