On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, March 9, 2016. Many employees now telecommute or work from home for businesses that may be down the street or across the country. When disputes arise in employment arrangements in...
Age Discrimination under Massachusetts and Federal Law
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, September 28, 2015.Employees are protected from age discrimination by both Massachusetts law and the federal Age Discrimination in Employment Act. The First Circuit recently decided a case...
Massachusetts Independent Contractor Statute Doesn’t Apply to Real Estate Salespersons
On behalf of Law Offices of Richard Mucci posted in Employment Law on Monday, July 27, 2015.It is often financially advantageous for a company to classify individuals as independent contractors rather than employees, but the individuals lose the benefits and...
Policies against Tipping Allowed under Massachusetts Tips Act
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, April 29, 2015.The Tips Act protects certain Massachusetts service employees from having to turn over their tips to their employers, but what happens to the money left by customers in...
Employers Beware: When A Lateral Transfer of an Employee Constitutes An Adverse Employment Action
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 5, 2014. A Massachusetts Court recently decided that a lateral transfer of an employee could be considered an "adverse employment action" for the purposes of a retaliation claim...
Are You Personally Liable for Contracts You Sign For Your Employer?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, February 28, 2014. Can an employee be held personally liable for executing a contract on behalf of his or her employer if the employer fails to pay? Recently, the Massachusetts...
Enforcement of Non-Compete Agreements When Damages Are Incalculable
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, February 17, 2014. Recently, the Appeals Court of Massachusetts had to decide whether a preliminary injunction blocking a Defendant from accepting a new position with a competitor was...
Strict Prevailing Wage Laws Can Equal Costly Mistakes
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, January 2, 2014. Recently, the Supreme Judicial Court affirmed that the Massachusetts prevailing wage statute is a strict liability statute and mistake or clerical error is no...
Massachusetts Overtime Law: Get Your Claim Filed
Are you working over forty hours a week and cashing your paycheck each week wondering if you have a claim against your employer for a violation of the overtime laws? Based on a ruling by the United States District Court for the District of Massachusetts in Firth v. TD...
Special Rules: The Family Medical Leave Act And School Employees
On behalf of Law Offices of Richard Mucci posted in Employment Law on Tuesday, December 3, 2013.Did you know that there are special rules under the Family Medical Leave Act ("FMLA") pertaining to school employees? These rules provide specific Federal protections for...
Associational Discrimination In The Workplace: Can Claims Extend To Those Who Advocate For The Disabled?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, November 26, 2013. Can a special education coordinator pursue an associational discrimination suit against her employer school district that allegedly fired her in retaliation for her...
Non-Solicitation Agreements And Contact Initiated By Former Customers: Can You Accept Their Business?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, September 24, 2013. Do you have the right to conduct business with a former customer who initiates contact with you if you signed a non-solicitation agreement while working for a...
FIRED BECAUSE OF YOUR ASSOCIATION WITH A DISABLED PERSON: YOU NOW MAY HAVE A CAUSE OF ACTION FOR DISCRIMINATION
On behalf of Law Offices of Richard Mucci posted in Employment Law on Wednesday, July 24, 2013.Massachusetts' antidiscrimination statute, G.L. c. 151B, §4(16), bars employment discrimination on the basis of handicap. Flagg v. AliMed, Inc., a recent Supreme Judicial...
What Rights Do You Have To Collect Your Annual Bonus If You Are Fired?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, June 26, 2013. What causes of action does an employee have against his employer when he is terminated prior to receiving his annual bonus? Is the employee entitled to the bonus as...
SJC Expands The Geographical Reach Of Laws Classifying Individuals As Independent Contractors To Individuals Working Outside The Commonwealth
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, May 17, 2013. Massachusetts employers beware: the Supreme Judicial Court has ruled that out-of-state individuals who live and work for a company headquartered in Massachusetts may bring...
Is Your Arbitration Dispute Resolution Policy In Your Employee Handbook Enforceable?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 23, 2013. Employers beware: you may be precluding your rights to arbitration if you maintain unilateral discretion to alter the terms of an employee handbook. In Domenichetti v....
Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time
Last Day of Employment? It Better Include A Cash-Out For Unused Vacation Time On behalf of Law Offices of Richard Mucci posted in Employment Law on Thursday, March 7, 2013.Employers beware; gratuitous severance payments to former employees do not permit employers to...