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Vinay Mehra (“Mehra”), former President of Boston Globe Media Partners, LLC (the “Globe”), brought a lawsuit against the Globe asserting claims to recover monies he claimed were owed to him after he was terminated by the Globe. Count I of Mehra’s complaint was a claim for violation of the Massachusetts Wage Act, G.L. c. 149, […]

On April 23, 2024, the Federal Trade Commission (the “FTC”) approved a new rule prohibiting employment related non-compete clauses. FTC Commissioners voted 3-2 along party lines to approve the new rule. The rule will be effective 120 days after publication in the Federal Register, and employees and employers should expect the rule to become effective […]

In Massachusetts, the Supplier Diversity Program is a state program that encourages state agencies to award state contracts to certified diverse businesses. To qualify for the program, companies must be certified as a diverse business in any of the following categories: Minority Business Enterprises Women Business Enterprises Service-Disabled Veteran Business Enterprises Veteran Business Enterprises Lesbian, […]

For nearly two decades, the First Circuit has recognized that there can typically be no failure to hire an individual without allegations that the individual applied for the job at issue. While noting that there may be certain facts that render an application unfeasible, this has been a rare finding. The United States District Court […]

On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing the so-called “Cat’s Paw” theory of liability. In reversing summary judgment originally granted in favor of the employer Schneider Electric, the SJC concluded that an employer can still violate the Massachusetts anti-discrimination statute, G.L. c. […]

The United States District Court for the District of Massachusetts recently issued a favorable decision for remote employees seeking to invoke the protections of the Massachusetts Wage Act. The Wage Act is a generous statute for employees that provides for treble damages as liquidated damages for any lost wages, as well as attorney’s fees, costs, […]

In the matter of Empire Dealer Services, Inc., et. al. v. Kimberly A. Guerin, et. al, a Massachusetts Court recently granted a preliminary injunction to a corporation enjoining a minority shareholder/former employee from directly competing. Kimberly Guerin (“Guerin”) was vice president and a minority shareholder of Empire Dealer Services, Inc. (“Empire”). In March of 2022, […]

In a stunning proposal, the Federal Trade Commission (FTC) has proffered a universal ban on noncompete agreements. This proposal, albeit a considerable step away from the norm, was not necessarily unpredictable. Most recently, the FTC made a preliminary finding that noncompete agreements constitute an unfair method of competition and therefore violate Section 5 of the […]

Creating incentives for employees to perform better can take many forms, such as merit bonuses or grants of equity through restricted stock or stock options. Each strategy should have the effect of aligning the employee’s interests with the long-term success of the company, and hopefully creating an economic incentive for the employee to increase their […]

Adam Shafran and Jon Friedmann were co-lead class counsel in three federal class action lawsuits against Pepperidge Farm alleging that the company misclassified its distributors as independent contractors. Adam, Jon and their co-counsel represented all Pepperidge Farm distributors in Massachusetts, Illinois and California and a Federal Court in California recently approved the settlement of all […]

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