A recent First Circuit decision in Dahua Technology USA Inc. v. Zhang highlights the high stakes of contract drafting and the courts’ increasing willingness to consider ambiguity claims even late in litigation. The dispute involves a severance provision that promised former executive Feng Zhang “monthly severance payments… in the amount of $680,000 for sixteen (16)...
In a key ruling for public-sector labor law, the Massachusetts Supreme Judicial Court determined that an involuntary transfer from a day shift to an overnight shift can be considered an adverse employment action in retaliation cases—even if the transfer comes with a bargained-for pay increase. The case, City of Newton v. Commonwealth Employment Relations Board,...
According to Attorney General Andrea Campbell, several fast-food franchise operators in Massachusetts, including Dunkin’, McDonald’s, and Subway, have been fined for violating child labor laws. Cafua Management Company, which operates over 80 Dunkin’ locations across the state, was fined $140,000 for violations between 2020 and 2023. Offenses included allowing minors to work: Without required work...
Massachusetts may soon ban most pre-employment marijuana testing under a proposed bill, H. 2179. The bill would allow testing only after a conditional job offer, but employers couldn’t make a clean test a condition of employment, effectively ending the practice for most roles. Why It Matters If passed, this bill would align Massachusetts with states...
Listen to this article Where a car salesperson filed a complaint alleging that he was subjected to discrimination by the respondent employer on the basis of his Jewish religion and his Israeli national origin in violation of G.L.c. 151B, the complaint should be dismissed because the complainant failed to produce any credible evidence that he...
Listen to article Law360 (November 21, 2024, 6:31 PM EST) — Four former employees of Boston-based ezCater are suing the online catering service, alleging that it engaged in discrimination based on their gender, race and pregnancy, then retaliated when they complained. The former workers — Ashleigh Corker, Nicole Quill, Shelby Hopkins and David Han Koi — said in the federal...
A recent ruling by the Supreme Court represents a big win for employees and workplace equality. The court ruled in favor of plaintiff Jatonya Clayborn Muldrow, who sued her employer, the city of St. Louis, for violating Title VII by transferring her to a new position and then denying a requested transfer because of her...
In recent news, the 1st U.S. Circuit Court of Appeals has revived a former Whole Foods employee’s claim that she was fired in retaliation for protected oppositional behavior. Plaintiff Savannah Kinzer worked at a Cambridge, MA Whole Foods in 2020, during which time she repeatedly violated dress code by wearing a Black Lives Matter face...
Pregent Law previously posted on the FTC’s final rule announced on April 23rd for a comprehensive ban on any new con-compete agreements with all workers. This new rule would be exempt for existing non-competes with policy-making, senior executives earning more than $151,164. The claim against non-compete agreements is that they violate Section 5 of the...
This past Monday, a long-awaited trial began regarding the employment status of Uber and Lyft drivers in Massachusetts. Individuals and businesses in Massachusetts and many other states have relied on these ride sharing apps for more than a decade because of their convenience and general affordability. Both Uber and Lyft have revolutionized the transportation industry,...
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