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Articles Posted in Employment Law

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App-Based Workers as Employees? Back to the SJC Before Back to the Ballot

The ongoing battle over the employment rights of app-based drivers reached a new stage last week, when a group of drivers and union leaders brought a lawsuit to block a new set of ballot measures aimed at exempting app-based drivers from employment protections.  When workers are categorized as employees, rather…

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Massachusetts Proposed Legislation Would Create Broad Workplace Protections Against Bullying and Abuse at Work

Massachusetts could become the first state in the country to enact a broad workplace anti-abuse law intended to hold employers liable for perpetuating, condoning, or ignoring psychological abuse at work. On October 10, 2023, Massachusetts had the highest number of advocates in the nation ever testify in front of the…

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Supreme Judicial Court to Revisit Anti-SLAPP Standard

Earlier this month, the Supreme Judicial heard a case regarding the standard for “Anti-SLAPP” motions. As we have written before, Massachusetts’ Anti-SLAPP law protects people who have engaged in protected speech from lawsuits based on that speech. The statute allows defendants to move to dismiss a lawsuit against them “brought…

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The Supreme Judicial Court Must Clarify What Evidence Plaintiffs Need to Present to Have Discrimination Cases Heard by a Jury

Earlier this month, the Massachusetts Supreme Judicial Court (SJC), heard oral arguments for Mark A. Adams v. Schneider Electric USA, Inc., an age discrimination lawsuit in which Monica Shah and I filed an amicus brief in support of Adams, on behalf of the Massachusetts Employment Lawyers Association.   The Facts Adams…

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Whole Foods Employees Fired for Supporting Black Lives Matter Suffer New Defeat, But Law Evolves on Associational Discrimination

In the summer of 2020, the United States was experiencing both the early phase of the COVID-19 pandemic and nation-wide outrage over the police killing of George Floyd. Employees at Whole Foods grocery stores around the country—some Black, some not—began wearing face masks promoting the Black Lives Matter movement. Whole…

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Know Your Rights: Restrictions on Non-Solicitation Clauses

We have previously written about how Massachusetts law limits non-competition clauses. Non-competition clauses restrict where an employee can work after she leaves a job; an employee agrees in a contract not to work for a competitor for a period of time after she separates from an employer. Under M.G.L. c.…

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“I Quit!” What You Need to Know About the Law Before You Resign

If you are an at-will employee, you have the right to quit your job at any time. And there may be compelling reasons to leave immediately. But quitting your job will affect your legal rights, so before you resign, here are some things to consider.   Can I collect unemployment?  You…

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Back to School Basics: Teachers, Employees, and Title IX

What Teachers and Other School Employees Need to Know About Title IX    While many people think of Title IX as a law that applies only to students, in fact the law does not mention students at all. The language of the statute is: “No person in the United States shall,…