The First Circuit Court of Appeals ruled than an employee who made an accommodation request for a disability after engaging in serious work-place misconduct had not been discriminated against by her employer upon termination. This case forced the Court to balance the rights and protections Congress has put in place for disabled employees and an employers’ right to discharge disabled and...Read More
FMLA Retaliation – MA Employment Lawyers secured a settlement for a client subjected to retaliation by their employer after exercising their rights under the Family Medical Leave Act (“FMLA”). The FMLA entitles qualifying employees access to twelve (12) weeks of unpaid leave per year. Employees may qualify for FMLA leave if they: (a) work for a public employer or private employer that...Read More
The US Court of Appeals for the Fourth Circuit ruled last week that delivery drivers for a baking company are exempt employees and entitled to overtime pay.
The bakery drivers were not paid overtime pay for all hours worked in excess of forty in a work week. Generally carriers are exempt from the federal overtime law, the Fair Labor Standards Act (“FLSA”), but there are certain...Read More
A Massachusetts federal court judge recently ruled that a group of pizza delivery drivers for a Domino’s pizza franchise may proceed with two of their class action claims (1) withholding service fees and charges that were given and designated as “delivery charges,” and (2) not paying drivers properly for doing work inside stores, such as folding pizza boxes.
This pizza franchise owner was...Read More
MLL has extensive experience representing employees with disabilities who have been discriminated against because of those disabilities. In doing so, MLL has learned that the law generally does not recognize obesity as a protected disability. All that may soon change, in large part due to the American Medical Association’s decision, released in June 2013, that obesity is to be considered a...Read More
On August 12, 2013, the Massachusetts Supreme Judicial Court weakened the Wage Act by holding that it does displace common-law claims for unpaid wages. In doing so, the SJC rejected a favorite argument of employers that prevented employees from recovering lost wages earned over three years ago. MLL has already begun to implement this important case into its arsenal and has successfully used...Read More
Your co-workers’ and supervisors’ comments can provide the most powerful evidence in support of your discrimination claim. Just recently, an employer was found to have engaged in impermissible age discrimination in part because a supervisor described a termination as providing an opportunity to “bring the next generation in” and that the company had a plan to “bring in younger people” to take...Read More
Recently, the Massachusetts Supreme Judicial Court strengthen the Wage Act’s teeth by holding that manages of LLCs can be personally liable for violations of the Wage Act committed by the LLC. MLL is well aware of how to turn up the heat on wage claims and has begun to utilize this important case to make employers pay for their mistakes. In doing so, MLL is going after not only the employer...Read More
Oftentimes employers discriminate against employees because of the company they keep. On July 19, 2013 the Massachusetts Supreme Judicial Court emphatically held that employers who discriminate against their employees because those employees have a relationship with someone who is disabled have violated Massachusetts law. For now, this case appears to be limited to the immediate family...Read More
Numerous state and federal laws protect employees from retaliation for complaining about illegal conduct. Oftentimes, these “complaints” are easy to spot. Sometimes, they aren’t. Recently, a court in Tennessee held that calling the employer racist and telling an African-American co-worker that he will never be promoted can qualify as “complaining.” In doing so, this court recognized that...Read More