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1 week ago | 
jdsupra.com | Stephen Hansen |William C. Martucci
Although the Massachusetts Noncompetition Agreement Act expressly excludes nonsolicitation agreements from its definition of “noncompetition agreements,” the Massachusetts Supreme Judicial Court (SJC) recently responded to a reported question asking if that exclusion applies when coupling a nonsolicitation agreement with a forfeiture clause triggered by nonsolicitation violations. In a win for the employer in Miele v.
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Dec 13, 2024 | 
jdsupra.com | William C. Martucci
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Nov 14, 2024 | 
jdsupra.com | William C. Martucci |Steven Rich
On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state statutes that protect workers from discriminatory treatment and retaliation.
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Nov 14, 2024 | 
jdsupra.com | Stephen Hansen |William C. Martucci
In a recent decision, the Massachusetts Appellate Division of the District Court Department affirmed the trial court’s award of summary judgment in favor of an employer that had argued that a retention bonus did not constitute a “wage” under the Massachusetts Wage Act, M.G.L. c. 149, § 148. In doing so, the court found that the retention bonus was akin to contingent compensation that did not fall within the plain language of the Wage Act. Nunez v.
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Mar 18, 2024 | 
lafter.media | William C. Martucci
UNPOPULAR : Retour à la caisse départ AbonnésAvec ses quinze membres permanents qualifiés automatiquement chaque année, la première version de la Superligue d’avril 2021 avait choqué de nombreux fans. Près de trois ans plus tard, ses promoteurs tentent de noyer le poisson. Le « nouveau » format de la Superligue, présenté en décembre dernier, est en fait un retour en arrière.
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Jan 23, 2024 | 
jdsupra.com | William C. Martucci
There has been a great amount of activity in union organizing efforts in recent years. Many societal and market changes, as well as the impact of the pandemic on various working arrangements, serve as the foundational basis for this dramatic increase in union activity. This meaningful development highlights the importance of understanding one’s workforce arrangements and how those arrangements impact the interests and well-being of individuals.
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Dec 15, 2023 | 
jdsupra.com | William C. Martucci
On December 3, the New York City Council passed a bill referred to as the New York City Employee Bill of Rights. Essentially, the bill would require coordination among a number of New York City agencies, including the New York City Commission on Human Rights, together with the Department of Consumer and Worker Protection, as well as the Mayor’s Office on Immigration Affairs, to publish an Employee Bill of Rights on the city’s website.
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Oct 4, 2023 | 
jdsupra.com | William C. Martucci
The Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination based on pregnancy. At its core, PWFA requires employers to provide “reasonable accommodations” to known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would result in “undue hardship” to the employer. Many states and cities have laws that provide accommodations for pregnant workers.
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Sep 6, 2023 | 
jdsupra.com | William C. Martucci
FOCUS ON THE PREGNANT WORKERS FAIRNESS ACTPregnant Workers Fairness Act Expands Protections for Pregnant EmployeesThe Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination based on pregnancy. At its core, PWFA requires employers to provide “reasonable accommodations” to known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would result in “undue hardship” to the employer.
