Boston Employment Lawyer Blog
Covers employment and workplace law topics including wrongful termination, whistle-blower retaliation, and discrimination.
Author: David Conforto practices at Conforto Law Group in Boston.
Blawg Related Categories: Labor & Employment • States • Massachusetts • Solo / Small Firm
Recent Posts from Boston Employment Lawyer Blog
-
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…
-
Non-Competes Presumptively Illegal as to Certain Professions: Social Workers Newest Category
In Massachusetts, non-compete agreements are presumptively unenforceable as to certain professions: physicians; nurses; lawyers; broadcasters; and just recently, social workers. Under M.G.L. c. 112, s. 12X, non-compete agreements are null and void as to physicians.…
-
Whistleblowers Under the Sarbanes-Oxley Act: Overcoming the Private Subsidiary Sham
One of the main purposes of the Sarbanes-Oxley Act ("SOX") of 2002 is to protect whistleblowers who speak out against a company's financial improprieties. Section 1107 of SOX states: Whoever knowingly, with the intent to…
-
Whistleblower Claim by Health Care Worker Dismissed Creating Questionable Public Policy
Several different whistleblower laws protect Massachusetts employees. In particular, M.G.L. c. 149, §187 protects health care providers from retaliation for disclosing problems within health care facilities. In Romero v. UHS of Westwood Pembroke, Inc. et…