Massachusetts Employment Law Blog

Yes, Au Pairs Are Protected by the Massachusetts Fair Wage Law
Gordon Law Group

Many families in Massachusetts use au pairs to care for their children.  The United States Department of State (“DOS”) administers this “Au Pair Program,” whereby foreign nationals obtain a special type of visa and are placed with host families in the United States, so that the foreign nationals may provide in-home childcare services to the…

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U.S. News Best Lawyers: Gordon Law Group Named to 2020 Edition of “U.S. News – Best Lawyers” “Best Law Firms” List
Gordon Law Group

Once again, noted employment law firm Gordon Law Group is proud to announce that the firm and 2 of its lawyers named to the 2020 “Best Law Firms” and “Best Lawyers” list released collaboratively every year by U.S. News and Best Lawyers®. The firm will continue to provide rigorous, award-winning representation to clients throughout Massachusetts…

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Gordon Named to Top 100 Super Lawyers® List for All of Massachusetts
Gordon Law Group

Once again, noted employment law firm Gordon Law Group is proud to announce that 3 of their lawyers have been chosen to the prestigious Super Lawyers® and Rising Stars lists in 2020, and this year Philip Gordon has been selected again to the Top 100 List for all of Massachusetts. The firm will continue to…

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Overtime Pay for Inside Sales Work?
Gordon Law Group

Are inside salespersons who are paid 100% commission, entitled to overtime pay and Sunday Pay.  In short, yes. On May 8, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued guidance for all employees in Massachusetts who are inside salespersons and receive payment on a 100% commission basis.  In Sullivan v. Sleepy’s. LLC., 482 Mass. 227…

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Rule 68 Offer Aimed at Picking Off a Lead Class Action Plaintiff Not Effective
Gordon Law Group

On April 12, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued a ruling that clarified many outstanding questions in class action practice in Massachusetts.  In Gammella v. P.F. Chang’s China Bistro, Inc., 482 Mass. 1 (2019), the SJC provided guidance on: (1) the standard for class certification under the Massachusetts wage and hour laws; (2)…

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Employees Who Settle Cases Under the Wage Act Are Also Entitled to Attorneys’ Fees
Gordon Law Group

Employers work hard to make sure employees can’t hire their own lawyers. One way to do that is to make sure employee-side lawyers cannot get paid, and that typically means fighting the court award of attorney’s fees. An interesting question arose recently. Is an employee who settles a case under the Wage Act still entitled to an…

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New Massachusetts Noncompetition Agreement Act
Gordon Law Group

On October 1, 2018, the Non- Competition Agreement Act went into effect in Massachusetts.  This law applies to all noncompetition agreements (“agreements”) entered into by employers and employees or independent contractors in Massachusetts on or after October 1, 2018.  This new law does not apply to non-solicitation agreements, nondisclosure or confidentiality agreements, or invention assignment…

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Union Workers May Lose Protections under the Wage Act
Gordon Law Group

It has been long thought that union members would still have the protections of the Massachusetts Wage Act.  That our laws set a floor below which unions and employers could not dip below.  While some trial court judges have dismissed those protections, allowing unions and their employers to negotiate away rights to overtime, lunch breaks,…

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