Co-authored by Robert A. Fisher and Christina Duszlak

Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation.

The Massachusetts Wage Act has been a boon to plaintiffs, as it provides for automatic treble damages for late or unpaid
Continue Reading Massachusetts Highest Court Refuses to Award a Triple Windfall

Co-authored by Kristin McGurn and Kevin Young

Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS Pharmacy, Inc. At issue were store policies, common in retail, that called for in-store key-holder coverage whenever
Continue Reading Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate Massachusetts Law

MA SJCAuthored by Jeff Burns

After the Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (AmEx) (here), many questioned whether AmEx abrogated other state court decisions that had invalidated class arbitration agreements based on the “effective vindication” doctrine.

Today (here), the Massachusetts Supreme Judicial Court (SJC) answered that
Continue Reading The Massachusetts Supreme Judicial Court Reluctantly Agrees That Its June 2013 Decision On Class Arbitration Waivers Is No Longer Good Law

Authored by John Duke

A Massachusetts  Superior Court recently held for the first time that severance payment are “wages” covered by the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 et seq. 

In Juergens v. MicroGroup Inc., Albert Juergens alleged that his employer, MicroGroup, promised to pay him six months salary in severance if he was terminated

Continue Reading Massachusetts Superior Court Judge Reads Wage Act Expansively to Include Severance Pay