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Posts tagged employee
Labor and Employment Advisory: MA Courts Adopt Narrow Test for Unpaid Meal Breaks

On December 23, 2016, the Massachusetts Superior Court reached a decision in DeVito et al. v. Longwood Security Services, Inc., et al. regarding how to determine whether employees should be compensated for the time they are on a meal break, choosing to apply the more narrow “relief from duties” test.

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Labor and Employment Advisory: No Labor Relations Privilege in Massachusetts - For Now

On August 25, 2016, the U.S. District Court of Massachusetts declined to create a "labor relations privilege" for communications between employees and their union representatives.

On September 7, the District Court also rejected applying the Title VII standard for employer liability to state discrimination actions under M.G.L. 151B.

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Labor and Employment Advisory: Labor Board Rules Grad Students Can Unionize

On August 23, the National Labor Relations Board issued a landmark 3-1 decision that Columbia University must recognize a labor union of graduate students, effectively allowing unionization of graduate students at private universities.

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Labor and Employment Advisory: Massachusetts Passes Pay Equity Bill

The Massachusetts Pay Equity Act, signed into law on August 1, creates new protections to close the gap in pay between men and women—including the first in the nation bar on asking for salary history in an interview.

Also, the 1st Circuit issued its decision in Burns v. Johnson, finding that circumstantial evidence is sufficient to overcome a summary judgment motion in gender discrimination and harassment claims.

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June 2016 Labor and Employment Advisory: Supreme Court Clarifies Law on Constructive Discharge

The U.S. Supreme Court held that the clock starts on a "constructive discharge" claim when the employee provides notice of their intent to quit, not when the discriminatory action occurs.

The Massachusetts Supreme Judicial Court also rules in Verdrager v. Mintz Levin that self-help discovery is protected activity for retaliation purposes. 

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