Monthly Archives: March 2016

Supervisors Can Be Individually Liable Under the FMLA

downloadWe are going to take a brief trip to New York to explore a new case that has important implications for Massachusetts employers.  Late last week, the United States Court of Appeals for the Second Circuit joined other circuit and district courts in holding that supervisors may be held individually liable for violating the FMLA.  The Second Circuit’s decision on this issue makes it likely that courts in Massachusetts will adopt the same position when given the chance.… More

The SJC Complicates Summary Judgment Standard in Discrimination Cases

Late last month, the Massachusetts Supreme Judicial Court issued a decision addressing a plaintiff’s evidentiary burden in employment discrimination cases brought under the Massachusetts anti-discrimination law, Chapter 151B.  Breaking with precedent under federal anti-discrimination law, the SJC held in Bulwer v. Mount Auburn Hospital that a plaintiff employee can defeat a motion for summary judgment by offering evidence that the defendant employer’s stated reason for its allegedly discriminatory action was false. … More

Non-Compete Reform Finally May Be Coming to Massachusetts

After falling off the radar recently, it appears that non-compete reform is back on the agenda on Beacon Hill.  As reported by the Boston Globe, in a March 2, 2016 speech to the Greater Boston Chamber of Commerce, House Speaker Robert A. DeLeo voiced support for placing restrictions on non-competition agreements.  Among the measures advanced by DeLeo were: (1) limiting the duration of non-competes to 1 year;… More