Aiding and Abetting the Misclassification of Employee as an Independent Contractor

WARNING!  A third-party, such as an accountant, advisor or HR Services Company, can be held potentially liable for the damages and liabilities arising and flowing from an employer’s misclassification of an employee as independent contractor.  A third-party who advises or even provides the independent contractor paperwork can be held liable for the misclassification, even when the claimant was not their employee.

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 >>