by James L. Rudolph and Robert P. Rudolph On November 8, 2018 the Department of Labor (“DOL”) issued Opinion Letter FLSA 2018-27 which rolls back the Obama-era’s enforcement of what is commonly referred to as the “80/20 Rule.” Many states allow an employer to pay a lower tipped rate to tipped service employees, such as […]
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by Adam J. Shafran On May 21, 2018, in a highly anticipated 5-4 decision, the United States Supreme Court ruled that class action waivers in employment arbitration agreements prohibiting employees from bringing class action lawsuits are enforceable and do not violate the National Labor Relations Act. The decision in Epic Systems Corporation v. Lewis maintains […]
On October 1, 2018, Massachusetts’ new noncompete law (G.L. ch. 149, § 24L) goes into effect. While the new law largely codifies existing common law, it also alters the legal landscape in significant ways that will pose traps for unwary and overprotective employers. Particularly, although the law offers enforceability incentives for narrowly drafted noncompetes, it […]
by Adam Shafran On June 28, as part of a comprehensive new employee wage and benefits initiative, Massachusetts adopted an expansive paid family and medical leave law that substantially expands the job protection rights of nearly all workers throughout Massachusetts. While the details are still coming out, the following are the basic points of this […]
by Robert P. Rudolph A recent ruling by the U.S. District Court for the District of Massachusetts indicates that, depending on the circumstances, the longtime practice of placing an employee on paid administrative leave during an investigation may constitute a materially adverse employment action sufficient to establish a claim for unlawful retaliation.
HR professionals face challenging and complicated employee problems on a daily basis. Knowing what to do, when to do it and how to do it can be difficult — and missteps can result in costly litigation. Join Rudolph Friedmann attorneys Adam Shafran and Robert Rudolph for this informative and interactive roundtable and get updates on […]
by Adam J. Shafran In a recent decision out of the U.S. District Court for the District of Massachusetts, a New York-based employer was held subject to suit for unpaid wages in Massachusetts because it allowed an employee to work from home in Massachusetts. The facts of the case serve as an important reminder to […]
by Robert P. Rudolph Where the plaintiff employee in Yarph v. Bowden Hospitality Newton LLC, et al. sought to add both the limited liability company that gave a hotel owner a license to do business and the LLC’s parent company to a lawsuit claiming that the hotel violated the Massachusetts Tips Act, the Business Litigation […]
In a recent case of first impression, the Massachusetts Supreme Judicial Court (SJC) answered certified questions presented by the United States Court of Appeals for the First Circuit. The questions focused on whether an insurer’s duty to defend (play defense) requires the insurer to pay for legal counsel to prosecute an affirmative counterclaim (play offense) […]
Robert Rudolph and Adam Shafran present “Do This, Not That: Navigating Complex Legal Employment Issues in the Construction Industry” on Wednesday, November 8 at 7:30 am at the Gould Construction Institute. The program will be held at 100 Unicorn Park Drive in Woburn, MA. Register for the event here.
