The case of Lazo v. Sodexo, Inc., recently decided by the First Circuit, explains how the Massachusetts Tips Act regulates service charges by prohibiting employers from retaining ‘service charges’ paid by a customer and instead allows employers to charge and retain an administrative fee.

Speedway recently moved to dismiss Massachusetts Overtime Act related claims of a group of managerial employees, arguing that gas station employees are exempt from overtime under the Act. The Court sided with the employees, suggesting that Speedways may not be a ‘gas station’ based on the employees’ duties.

A recent Massachusetts court case demonstrates how non-solicit agreements work and how courts analyze them in determining whether a former employee engaged in conduct that amounted to solicitation in violation of a non-solicit agreement.

A Massachusetts superior court justice answers important questions regarding amusement parks, seasonal businesses, and overtime. Providing more guidance on how to determine which days count as operational to qualify for these exemptions.

The sky hasn’t fallen…Massachusetts court rules that new non-compete law does not require garden leave pay or, for that matter, any leave pay.

On May 1, 2019, a Massachusetts federal court, in the case of DaSilva et al. v. Border Transfer of MA, Inc., made it even more risky and difficult for employers using independent contractors.

A recent Massachusetts court, in the case of Valle v. Powertech Industrial, injected some helpful guidance as to when salespeople are employees and when they are independent contractors.

On May 8, 2019, in the case of Sullivan v. Sleepy’s LLC, the Massachusetts Supreme Judicial Court injected some much needed clarity into whether commission-based employees must be paid overtime and premium pay regardless of the amount of their commission.

On April 12, 2019, the Massachusetts Supreme Judicial Court, in Gamella v. P.F. Chang’s China Bistro, Inc., resolved lingering doubt as to whether state and federal courts would use the same analysis when determining whether to allow wage claims to proceed on a class action basis.

The Americans with Disabilities Act, as well as its Massachusetts state law equivalent, prohibit employers from discrimination against individuals with disabilities. Those laws, unlike other anti-discrimination laws, also require employers to provide disabled employees with reasonable accommodations so that they may perform their job duties.

For as long as I’ve practiced law, courts across the country, both state and federal, have uniformly held that wage-and-hour laws should be construed broadly to protect employees and that exemptions from those laws should be construed narrowly to protect employees.

Steffans Legal is proud to announce that we are currently accepting registrations for our 2nd Annual Employment Law Seminar. This seminar is designed to cover a variety of employment law issues and is a must attend for anyone who has responsibilities regarding human resources or compliance with employment laws.

The Department of Labor is proposing that the minimum salary amount for an employee to be classified as exempt from overtime be increased from $455 per week to $679 per week effective January 2020.

The Massachusetts Wage Act (“MWA”) is the Massachusetts law that, among other things, requires employers to pay employees for all hours worked, pay overtime for hours worked over 40 to most employees, and to pay vacation time.

The First Circuit, in the case of Miceli v. JetBlue Airways Corp. et al. recently provided helpful guidance to employers and employees when it comes to one of the most difficult areas of employment law: leaves of absence resulting from mental impairments.

By now, most of you have probably read about the bill signed into law by Governor Charlie Baker, colloquially referred to as the Grand Bargain. By any measure, this bill is surely “grand” in that it dramatically changes three important areas of employment law.

The workplace can be a breeding ground for flu-related illnesses. A 2018 survey estimated the cost to employers of the 2017-2018 flu season to be around $9.42 billion. Employees who come to work sick, get others sick. Sick employees are less productive employees. To address this, can an employer require employees to get flu shots? Not surprisingly, the answer is not simple.

According to a 2016 Society of Human Resources Management report, 7% of employers allow dogs in the workplace. Many of our employer clients have begun to allow their employees to bring dogs to work. We think that’s a pretty good idea for the very same reasons we have two in our workplace.

A 2018 Massachusetts Supreme Judicial Court opinion confirmed that unused sick time is not wages under the Massachusetts Wage Act. As a result, employers do not have to compensate employees for unused sick time at the time of termination.

Under Massachusetts law, it’s quite difficult to properly treat an individual as an independent contractor.  Thankfully (if you are an employer) the Supreme Judicial Court (SJC) has carved a pro-employer exception into the law that makes it much easier to treat someone as an independent contractor, at least for workers’ compensation purposes.

Employers who have not taken steps to comply with the Equal Pay Act are incurring unnecessary risk.  Thankfully, the Massachusetts Attorney General recently released a guidance for employers on how to ensure compliance with this new law.  Based on this information Steffans Legal has come up with the following 9 recommendations for employers:

The Massachusetts state legislature recently passed an act designed to radically change the use of non-competes in the Commonwealth.

Steffans Legal is proud to announce that we are currently accepting registrations for an employment law seminar. This seminar is designed to cover a wide variety of employment law issues and is a must attend for anyone who has responsibilities regarding human resources or compliance with employment laws.

Steffans Legal LLC and Connor & Morneau LLP have filed a class action lawsuit in Springfield on behalf of current and former licensed practical nurses (LPNs) employed by Berkshire Health Systems. The lawsuit claims that Berkshire Health Systems repeatedly violated a variety of Massachusetts and federal wage-and-hour laws in connection with how it paid its LPNs.

According to the Massachusetts Commission Against Discrimination, the number of complaints of sexual harassment in the workplace are up this year, over last year, by over 2000%.  We've seen that increase first-hand as we currently represent three employees in claims of sexual harassment.  Believe me when I tell you,

Prior to July 17, 2017, most employers in Massachusetts assumed that they could terminate an employee who tested positive for marijuana, even if they were licensed to use marijuana for medicinal purposes. 

The Massachusetts Equal Pay Act, known as MEPA, is set to go into effect and will apply to employers across Massachusetts, in Pittsfield, Springfield, Worcester, Lowell, Fall River, New Bedford, and the Cape. 

Steffans Legal has filed suit on behalf of five employees regarding violations of the Massachusetts Tips Act.  The case is currently pending in Berkshire County Superior Court and includes allegations of improper tip pooling and unlawful retaliation.

The Massachusetts Wage Act may be the most employee-friendly statute around.  Employees who succeed with claims under the Wage Act have their damages mandatorily tripled and their attorneys' fees paid. 

The employee in this matter suffered from a rare neurological condition that caused her to suffer from periodic and unpredictable episodes that, occassionally, caused her to be late to work.  She always notified her manager when she was going to be late and provided as much notice as possible.