Employment Law

Required Sick Time For Employees Law

Effective July 1, 2015 all Massachusetts employers must provide up to forty (40) hours per year in sick time for each employee (full-time, part-time and temporary). Earned sick time may be used for the care of an employee’s child; spouse; parent; for an employee’s own physical and mental health; to attend medical appointments; and/or to address domestic violence issues. read more >>

Non-Formal Settlement Agreements Are Enforceable in Employment Cases

The courts routinely enforce settlement agreements, even if all of the terms have not been written down or put into a formal settlement agreement. The courts have a strong policy to hold parties to a settlement understanding if the primary terms have been agreed to. Both employers and employees must be careful in mediation to ensure that they agree to all the key terms of a settlement in advance of the preparation of a formal settlement agreement. Otherwise, they may be forced in the end into a settlement agreement that they may not contain all of the terms they want included because the court will enforce the terms the parties had agreed to.

Employers May be Held Liable for Retaliating Against Ex-Employees

The Supreme Judicial Court recently ruled that an employer can be held liable for retaliating against ex-employees, even if the employer's wrongful conduct occurred after the employment relationship ended. The decision came after a deaf employee of the employer sued for handicap discrimination and wrongful discharge. One of the company's co-founders initially supported the company's decision to fire the employee. The co-founder later changed his mind and signed a new affidavit that supported the deaf employee's complaint of discrimination. read more >>

Payment of Commissions to Non-Employee Sales Reps

Hidden in the general laws of Massachusetts are provisions that permit outside sales representatives not only to recover unpaid commissions, but also treble damages and attorneys’ fees.  Although not technically a wage and hour claim (wage and hours claims concern employees), the law has the same financial consequences (treble damages/attorneys fees) that a wage and hour claim filed with the Office of the Attorney General. read more >>

20 Practical Tips 20 Years after the American’s with Disabilities Act

Bringing an ADA case in court presents significant challenges for people with disabilities and the attorney’s who represent them.  20 years after the first-ever civil rights law for people with physical and cognitive challenges was signed into law, these 20 tips are meant to provide some guidance in overcoming the legal hurdles that people with disabilities face as they combat discrimination and seek access to public facilities, transportation and telecommunications. read more >>