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93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...

Paul Peter Nicolai
Oct 4, 20221 min read


Workers’ Comp Double Compensation Expanded
An injured employee was awarded double compensation since the employer intentionally failed to take adequate precautions in the face of a...

Paul Peter Nicolai
Sep 6, 20221 min read


FLSA v. State Law
A jury awarded damages to a group of employees under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act even though there...

Paul Peter Nicolai
Aug 23, 20221 min read


Forced Arbitration of Workplace Sexual Harassment and Assault Claims Now Illegal
Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...

Paul Peter Nicolai
Jul 12, 20222 min read


Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...

Paul Peter Nicolai
May 10, 20221 min read


ARBITRATION EXEMPTION
An employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...

Paul Peter Nicolai
May 3, 20221 min read


MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...

Paul Peter Nicolai
Mar 8, 20221 min read


NY Whistleblower Protections Expanded
NY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...

Paul Peter Nicolai
Feb 8, 20222 min read


COVID Vaccination Sweepstakes
In the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...

Paul Peter Nicolai
Feb 1, 20224 min read


MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...

Paul Peter Nicolai
Dec 28, 20211 min read


VACCINATION MANDATE PLANNING
Employers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...

Paul Peter Nicolai
Dec 7, 20214 min read


OSHA Emergency Temporary Standard On COVID-19 Vaccination or Testing for Larger Employers
NOTE: The United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of this Standard, finding...

Paul Peter Nicolai
Nov 30, 202111 min read


EXTORTION AS RETALIATION
After getting a judgment against its former employee, the employer seized his minivan. Rather than sell it to satisfy the judgment, the...

Paul Peter Nicolai
Nov 23, 20211 min read


Antitrust in Labor Markets
The Department of Justice Antitrust Division (DOJ) filed its first major no-poach case in 2010, against a group of Silicon Valley...

Paul Peter Nicolai
Nov 9, 20213 min read


Massachusetts Non-Compete Voided
A Company sued a former employee for violation of a non-compete the employee signed. Because the agreement did not expressly state that...

Paul Peter Nicolai
Oct 5, 20211 min read


Triple Damages Against Employees
The Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...

Paul Peter Nicolai
Aug 3, 20212 min read


Letter to Editor Is Protected
The NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...

Paul Peter Nicolai
Jul 6, 20211 min read


Supreme Court Cuts Back Computer Fraud and Abuse Act
Back in 1986 Congress passed the Computer Fraud and Abuse Act (CFAA). CFAA imposes criminal or civil liability on any person who...

Paul Peter Nicolai
Jun 22, 20212 min read


Are Exotic Dancers Employees or Not?
An exotic dancer was an employee of an adult entertainment club under the Fair Labor Standards Act ("FLSA"), even though a written...

Paul Peter Nicolai
May 25, 20213 min read


Gig Worker Bound To Clickwrap Arbitration
The plaintiff applied through the website of the defendant which assigns house cleaning jobs to workers. Later, she clicked an accept...

Paul Peter Nicolai
May 18, 20211 min read
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