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State Employment Law Articles
Article Index » massachusetts: 10 Most Recent Articles Report Link Massachusetts Data Privacy Law – Compliance Deadlines Nearing.Ogletree Deakins - September 28, 2009 In the wake of the highly publicized theft of massive amounts of confidential customer information, Massachusetts enacted comprehensive data security legislation intended to prevent unauthorized access to such information. The Office of Consumer Affairs and Business Regulation (OCABR) has since issued detailed regulations implementing the legislation. Compliance with these regulations is now required by March 1, 2010. Report Link Massachusetts Court Ruling Expands the Scope of Damages Available to Employees Misclassified as Independent Contractors.Littler Mendelson, P.C. - September 10, 2009 The Massachusetts Supreme Judicial Court in Somers v. Converged Access, No. SJC-10347 (Aug. 21, 2009) recently issued a ruling that increases the amount of damages a worker can receive if he or she has been misclassified as an independent contractor, as opposed to an employee, under Massachusetts law. Report Link Massachusetts High Court Rules Non-Employers Covered by Tips Statute.Jackson Lewis LLP - August 31, 2009 The Massachusetts Tips Statute covers service charges imposed by non-employers, the highest court in Massachusetts, the Supreme Judicial Court of Massachusetts (“SJC”), has ruled. DiFiore v. American Airlines, No. SJC-10313 (Aug. 4, 2009). This case may have significant ramifications for businesses that contract with third parties to provide certain services, as those businesses no longer may retain any fees charged to their customers that are designated “service charges,” even if the charge is initially collected by a third party. Report Link Massachusetts Data Security Regulations: Effective Date Extended and Mandates Eased.Jackson Lewis LLP - August 25, 2009 Balancing consumer protection with the needs of small business, the Office of Consumer Affairs and Business Regulation (OCABR) issued substantial revisions to Massachusetts’ data privacy and security regulations on August 17, 2009, that include extending the compliance deadline to March 1, 2010, among other things. (See Press Release.) This announcement follows two prior extensions of the effective date of the regulations and substantive modifications to the rules. The key revisions to the regulations are highlighted below and will be the subject of a public hearing on September 22, 2009, leaving open the possibility of additional modifications. Report Link New Massachusetts Decision Finds that General Arbitration Provisions Do Not Cover Discrimination Claims.Littler Mendelson, P.C. - August 20, 2009 The Massachusetts Supreme Judicial Court recently answered the long-standing question of whether parties may enter into contracts that provide for the arbitration of future claims under Massachusetts' antidiscrimination statute, known as Chapter 151B. In Warfield v. Beth Israel Deaconess Medical Center, Inc., the court held that claims under Chapter 151B are arbitrable. Significantly, however, the court also held that agreements to arbitrate such claims must be stated in "clear and unmistakable terms" in order to be enforceable. In the absence of such "clear and unmistakable terms," Massachusetts courts will not compel the arbitration of claims arising under Chapter 151B. Report Link Application of Massachusetts Independent Contractor Law Uncovered by State Court.Littler Mendelson, P.C. - August 17, 2009 On July 30, 2009, in a case with significant implications for wage and hour class actions, the Massachusetts Superior Court interpreted Massachusetts's stringent independent contractor statute, finding in favor of an exotic dancer's claim that her former employer—a strip club—had misclassified her as an independent contractor and not an employee. Report Link Employer Not Liable for Injuries Caused by Intoxicated Employee.Ogletree Deakins - August 05, 2009 A state appellate court recently ruled that an employer is not liable for the injuries caused by a drunk driving accident involving one of its workers. According to the Massachusetts Appeals Court, although the worker became intoxicated while meeting with his supervisor at a restaurant, his employer did not have a duty of care under a theory of employer host liability. Report Link Massachusetts High Court Rules Discharged Workers Are Owed Vacation Pay.Ogletree Deakins - August 05, 2009 The state’s highest court recently ruled that an employee who earned and was entitled to paid vacation time under the terms of his employment agreement and who was involuntarily discharged was entitled to payment for his unused vacation time. According to the Massachusetts Supreme Judicial Court, while state law does not require employers to provide employees with paid vacation, when the employer does so, an employee’s entitlement is another form of compensation, which is due upon discharge. Report Link Court Sides with Worker on Handbook Claim.Ogletree Deakins - August 05, 2009 A state appellate court recently ruled in favor of an employee who claimed that his termination violated his employer’s manual and constituted a breach of contract. The Appellate Division of the state district court, finding that it would not have been unreasonable for the employee to regard the employee manual as a binding commitment, upheld a jury verdict against the employer for breach of an implied employment contract. Report Link Massachusetts Supreme Judicial Court Rules Employers Must Pay Terminated Employees For Any Unused Vacation Time.Fisher & Phillips, LLP - June 15, 2009 On June 11, 2009, the Massachusetts Supreme Judicial Court issued a ruling in the case of Electronic Data Systems v. Attorney General holding that, under the provisions of the Massachusetts Wage Act (Massachusetts General Laws chapter 149 § 148) employers must compensate any involuntarily discharged employee for unused accrued vacation time. This ruling is consistent with a 1999 advisory issued to all employers by the Massachusetts Attorney General's office.
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November 12, 2009 Fisher & Phillips |
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