Employment

No Application, No Problem: The Recent Expansion of Retaliation Claims Based on Failure to Hire

For nearly two decades, the First Circuit has recognized that there can typically be no failure to hire an individual…

1 year ago

The Cat’s Paw Theory of Discrimination: Unveiling Hidden Biases

On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing…

2 years ago

Worry and Woe for Wage Act Defendants: The Broad Reach of the Massachusetts Wage Act

The United States District Court for the District of Massachusetts recently issued a favorable decision for remote employees seeking to…

2 years ago

Minority Shareholders Owe a Fiduciary Duty to One Another and the Corporation

In the matter of Empire Dealer Services, Inc., et. al. v. Kimberly A. Guerin, et. al, a Massachusetts Court recently…

2 years ago

The End of An Era: The FTC Proposal to Ban Noncompete Agreements

In a stunning proposal, the Federal Trade Commission (FTC) has proffered a universal ban on noncompete agreements. This proposal, albeit…

2 years ago

Incentivizing Key Employees with Phantom Stock

Creating incentives for employees to perform better can take many forms, such as merit bonuses or grants of equity through…

2 years ago

Rudolph Friedmann Settles Three Class Action Employment Suits Against Pepperidge Farm

Adam Shafran and Jon Friedmann were co-lead class counsel in three federal class action lawsuits against Pepperidge Farm alleging that…

3 years ago

Employee Cannot be Fired for Exercise of Lawful Right

The “at-will” employment relationship is extremely common, offering both the employer and the employee the ability to terminate the relationship…

3 years ago

Does the Federal Arbitration Act Exception Apply to Your Employees?

The Federal Arbitration Act (“FAA”), long a thorn in the side of employees who desire litigation, has now been limited…

3 years ago

The New Massachusetts Non-Compete Law

To protect their business interests, many employers include noncompetition clauses in their employment agreements, which place prohibitions on employees working…

3 years ago