Massachusetts Employment Law Blog

The City of Brockton is facing a $45.6M potential punitive damage award as a result of post-trial motions brought by Gordon Law Group, LLP in connection with 38 minority applicants who suffered similar discrimination at the hands of the City. Now, Jimmy Pereira, a candidate running against the City’s current Mayor Carpenter said he would…

The Supreme Court heard oral arguments in three cases that may fundamentally shift the workplace, by ruling whether or not employees wronged by their employer can band together and sue on a class action basis. There is a deep divide among courts over mandatory arbitration clauses, especially in the three cases argued today. The cases…

Eight individuals, including two current professors, have filed complaints against Dr. Florian Jaeger, who is now taking the semester off. Senior Lindsay Wrobel is among those who have complained about Dr. Florian, and she intends to continue on a hunger strike until the university removes Florian. “My individual education matters less in my opinion than…

Philip Gordon was quoted in Bloomberg Law today concerning Dell EMC’s $110,000 settlement of discrimination claims brought by a transgender intern who said she was subject to a hostile work environment, denied advancement and retaliated against. Call if you’re having trouble retrieving the article, and we can get you a copy. View Bloomberg Article

After a long battle, pregnant worker protection finally passes. Discrimination law has always protected pregnant workers, but that duty to accommodate pregnancy was narrow, leaving workers without ability to get breaks, to temporarily avoid hazardous positions or to get help with manual labor. Employers may still deny accommodations if the employer would suffer undue hardship,…

Across the country, employers are requiring employees to sign agreements waiving any right to be part of a class action. These class action waivers have been the subject of substantial litigation as the stakes are high on all sides, and Courts across the country have given varied opinions. Some of that will soon come to…

Dodd-Frank protects individuals who provide “information relation to violation of the securities laws to the [SEC].” The SECC rules issued in 2011 interpret those protections to cover individuals who make disclosures internally, as well as directly to the SEC. The Second and Ninth Circuits agree with the SEC, and the Fifth Circuit disagrees. The case,…

Medical marijuana has been legal for use by “qualified patients” in Massachusetts since 2012, and has been equivalent to using any other prescription medication since. For the first time, the Massachusetts courts have ruled that “qualified patients” under the Medical Marijuana Act (which does not provide specific disability discrimination rights itself) do indeed have affirmative…

A Federal Court in North Carolina has conditionally certified a nationwide class action lawsuit under the Fair labor Standards Act for the 18,000 drivers who opted out of Uber’s arbitration clause. The case challenges Uber’s classification of its drivers as independent contractors. If you’re working in a job where you’re classified as an independent contractor,…

We are proud to announce that the Superior Court rejected the City of Brockton plea to reduce the jury’s $4M verdict in its battle against our client, Russell Lopes. (View Article)