Boston Employment Lawyer Blog

Recent Posts from Boston Employment Lawyer Blog

• Genetic Information Nondiscrimination Act (GINA)

  The Genetic Information Nondiscrimination Act (GINA) passed by Congress in March 2008 becomes effective law in the next coming weeks, as this New York Times story details: http://www.nytimes.com/2009/11/16/business/16genes.html?src=tw On November 21, 2009, the Genetic Information…

• Massachusetts Supreme Judicial Court clarifies standard for punitive damages in disparate treatment and hostile work environment cases

  Generally, there are four components to the damages in a workplace discrimination case under G.L. c. 151B, Massachusetts' main workplace civil rights statute: front pay (the amount by which someone's future earnings are reduced by…

• Computer Fraud and Abuse Act Being Used Against Employees

  A law Congress passed to deter computer hackers is now being wielded by corporations in litigation against their former employees. The broad scope of this law is now on display in federal court here in…

• Sarbanes-Oxley Interpreted by First Circuit for First Time

  The First Circuit in Day v. Staples recently had its first opportunity to interpret the requirements under the whistleblower protection (18 U.S.C. §1514A) provision of the Sarbanes-Oxley Act ("SOX"). Kevin M. Day worked for Staples…

• Ledbetter Fair Pay Act Gains Traction Quickly

  Unequal pay victims are quickly realizing the benefits of the Lilly Ledbetter Fair Pay Act (FPA). The District Court of New Jersey's recent decision in Gilmore v. Macy's Retail Holdings is believed to be the…

• Unequal Pay Victims Gain Protection through the Ledbetter Fair Pay Act

  Gender discrimination just became more expensive. On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009. After approximately 19 years as an employee of Goodyear Tire and Rubber Company, Lilly…

• Commissioned Employees in a Tough Economy: Will You Get Paid?

  Employees who receive commissions based on their work performance may face difficulty in securing payments from employers in this tough economy. Under certain circumstances, however, legal recourse exists to secure payment from unscrupulous employers who…

• Age Discrimination Mixed Motive Standard Before the Supreme Court

  Employment discrimination claims will continue to garner the Supreme Court's attention in 2009. On December 5, 2008, the Supreme Court granted certiorari in Gross v. FBL Financial to decide the following issue: Must a plaintiff…

• Non-Compete Dispute Pits IBM Against Apple

  Don't be fooled: Non-compete agreements are enforceable. I say this because the following exchange has been all too typical over the past several months: Client: "I just landed a new job, with better pay and…

• Whistleblower Claims under Sarbanes-Oxley Subject to Arbitration

  Whistleblowers bringing claims under the Sarbanes-Oxley Act (SOX) must contend with another hurdle in getting such claims before a judge or jury. In Guyden v. Aetna, the Second Circuit affirmed the lower court's ruling that…