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Wage Act plaintiff barred from pursuing retaliation claim

A building manager’s complaints about her salary and extended work hours were insufficient to place her employer on notice that she was asserting a right to overtime for purposes of triggering the protections of the Massachusetts Wage Act’s retaliation provision, ...

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Shareholder can proceed with tech co.’s dissolution

A 50-percent shareholder in a computer technology company could show the existence of a “true deadlock” in corporate governance necessary to proceed with an action for involuntary dissolution under state law, the Massachusetts Supreme Judicial Court has decided. The plaintiff ...

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Judge: unpaid wages not ‘constructive discharge’

subway, unpaid wages

In the absence of discriminatory or retaliatory motivation on the employer’s part, an at-will employee who resigns due to the non-payment of wages is not entitled to assert a claim of constructive discharge, a Superior Court judge in Massachusetts has ...

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Supreme Court clamps down on state-court forum shopping

The U.S. Supreme Court capped off its latest term by handing two key victories to corporations seeking to avoid being sued in plaintiff-friendly state courts. In Bristol–Myers Squibb Co. v. Superior Court of California, the Supreme Court held that California ...

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Duty of LLC’s attorneys reaches non-client minority

The Massachusetts Appeals Court has found that lawyers for a limited liability company could be sued for breaching a fiduciary duty to the LLC’s minority members despite the lack of an attorney-client relationship. Counsel for the LLC were accused of ...

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Suit to enforce non-compete must be heard in California

A Massachusetts employer’s claims for breach of a non-compete agreement must be litigated in California where the defendant lives and worked for the plaintiff, notwithstanding a Massachusetts forum selection clause in the employment contract, a Superior Court judge has found. ...

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Despite Facebook post, worker can get unemployment benefits

In a ruling examining the interplay between social media and the workplace, the Rhode Island Supreme Court has held in a split decision that there was insufficient evidence to show an employee’s Facebook post was “connected with his work” so ...

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Nurse injured driving home for weekend entitled to comp

The “going-and-coming” rule did not apply to bar the workers’ compensation claim of a nurse who sustained serious injuries in an accident that occurred when she was driving home for the weekend during the course of a temporary job assignment ...

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No bankruptcy jurisdiction over severance pay claims

The 1st U.S. Circuit Court of Appeals has determined that two corporate executives of a bankrupt hospital could not bring a claim in U.S. Bankruptcy Court for severance payments. The 1st Circuit upheld a U.S. District Court judge’s ruling that ...

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Pre-judgment interest OK’d in Wage Act suit

Employees who brought a successful class action against their employer for violation of the Wage Act are entitled to statutory pre-judgment interest on their lost pay and benefits, the Massachusetts Supreme Judicial Court has found. The SJC also decided, however, ...

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