Tag Archives: employer
Fraudulent or Negligent Misrepresentation
In the business world today where contracts govern almost every move a employer or employee makes, fraudulent and negligent misrepresentation claims have become much more common in the context of business litigation. In order to succeed on a claim for fraudulent misrepresentation, the plaintiff must satisfy the following five elements: Prove the defendant made… Finish Reading Fraudulent or Negligent Misrepresentation
New Standard for Employer Liability under MA Wage Act
Recently determined in the Superior Court of Massachusetts was the applicability of the Single Integrated Enterprise Theory to Wage Act Claims. The judge in Fitzgerald, et al. v. The Chateau Restaurant Corporation, et al., determined that restaurant managers who worked for the same chain but at different, separately incorporated locations could bring a class-action lawsuit against… Finish Reading New Standard for Employer Liability under MA Wage Act
Massachusetts Wage and Hour Laws: The Workweek
The first installment in this series is about the “workweek.” The Fair Labor Standards Act (FLSA) describes the workweek as “a recurring period of seven consecutive 24 hour periods” that can begin on any day of the week. This “work week” is fixed, as well as independent of the actual hours worked by the… Finish Reading Massachusetts Wage and Hour Laws: The Workweek
Marijuana in the Office: The Lowdown for Employers
This past November, voters approved a ballot measure legalizing the possession and recreational use of marijuana. On December 15, the new law went into effect, legalizing recreational use and homegrowing of marijuana plants (up to 12 plants per household). However, the state legislature and the newly formed Cannabis Control Commission have delayed the implementation… Finish Reading Marijuana in the Office: The Lowdown for Employers
Employers: Pay Often and Pay Early!
The Jacobs Law has spent a considerable amount of time on this bLAWg writing about the Massachusetts Wage Act, and the consequences it imposes on employers f0r misclassifying ’employees’ as ‘independent contractors’, failing to pay overtime or wages, or failing to pay wages to employees immediately upon termination. A recent case tested the limits of… Finish Reading Employers: Pay Often and Pay Early!
Massachusetts General Laws Chapter 149 Section 150
Section 150. The attorney general may make complaint or seek indictment against any person for a violation of section 148. On the trial no defence for failure to pay as required, other than the attachment of such wages by trustee process or a valid assignment thereof or a valid set-off against the same, or… Finish Reading Massachusetts General Laws Chapter 149 Section 150
Employer is Liable to Employee for Harassment by Non-Employee
Remember the good ole’ days when an employer only had to worry about liability for its own employees harassing its other employees? Well, those days are gone forever. Recent federal and Massachusetts case law demonstrates without a doubt that employers are liable to their own employees who have been subjected to harassment by non-employee third parties. Of… Finish Reading Employer is Liable to Employee for Harassment by Non-Employee
Employer Liable for Harassment of Employee by an Employee of a Distributor
You may have read this title and thought this blog article was some ill-timed April Fool’s joke. Well, you would be wrong. In yet another blow to American businesses, the 4th Circuit Court of Appeals ruled that a defendant-tile-manufacturing company could be liable to one of its employees for alleged sexual harassment of that… Finish Reading Employer Liable for Harassment of Employee by an Employee of a Distributor
Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement
Recent Court Ruling Identifies How a Social Media Profile May Violate a Non-Compete or Non-Solicit Agreement Many business owners and their employees, such as a sales representatives, consultants and account managers, regularly use their personal accounts on social media websites like Facebook, Twitter, and LinkedIn to promote their business, identify sales leads and communicate which existing… Finish Reading Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement
