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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Boston, MA Document Search Results (19)

 

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HTMLDid An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe
Jermaine L. Kidd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 11, 2013, previously published on December 9, 2013
On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S. Census Bureau’s, but allowed her Rehabilitation Act claims to proceed to...

 

HTMLA Bit Too Far: Employee’s Alleged Self-Defense Fails To Sway NH Justices On His Wrongful Discharge Claim
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 18, 2013
Could an employee be fired by his employer for actions he claimed were done in self-defense? In Leeds v. BAE Systems, No. 2012-599 (November 5, 2013), the New Hampshire Supreme Court found that he could where the employee’s actions went beyond what was reasonably necessary to potentially...

 

HTMLIndependent Contractor or Employee: How Some Countries Differ
Carson G. Burnham, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 7, 2013, previously published on October 27, 2013
In this series of blog posts, we have examined the use of independent-contractor relationships by multinational organizations. In our last three posts, we identified issues for global entities that are considering using independent contractors when expanding their operations overseas, including...

 

HTMLFirst Circuit Affirms Ruling that Employee Who Worked Only 615 Hours in 12 Months Is Not Eligible for FMLA Leave
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 25, 2013, previously published on October 23, 2013
On October 9, 2013, the First Circuit Court of Appeals affirmed summary judgment in favor of an employer on claims brought under the Family and Medical Leave Act (FMLA) by a former employee. The court held that the employee was not eligible to take FMLA leave because he had not worked 1,250 hours...

 

HTMLMassachusetts Independent Contractor Law Survives Trade Association’s Challenge
Patrick M. Curran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2013, previously published on October 8, 2013
The Massachusetts Independent Contractor statute, Mass. G.L. c. 149, § 148B, establishes a rigorous three-part test for determining whether a worker performing services for an employer may be considered an independent contractor, rather than an employee. The U.S. District Court for the...

 

HTMLFirst Circuit Holds Massachusetts Salesman Violated Nonsolicitation Covenant, Even Though Customer Made “Initial Contact”
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 27, 2013, previously published on September 26, 2013
On September 23, 2013, the First Circuit Court of Appeals, applying Massachusetts law, upheld a preliminary injunction in a nonsolicitation covenant case, and discussed the often-murky line between “soliciting” and “accepting business” from a former customer. The court ...

 

HTMLNew Legislation Will Allow Bi-Monthly Payment of Wages
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2013, previously published on August 28, 2013
On July 15, 2013, Rhode Island passed highly anticipated legislation that will allow employers to pay their employees on a bi-monthly basis (rather than weekly, as the law had previously required). The law goes into effect on January 1, 2014, and it authorizes the Rhode Island Department of Labor...

 

HTMLMA Fair Share Contribution, HIRD Repealed in FY2014 Budget
Andrew E. Silvia, Danielle Y. Vanderzanden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2013, previously published on August 30, 2013
Governor Deval Patrick recently approved the Commonwealth’s 2014 fiscal year budget, which includes provisions repealing both the Fair Share Contribution (FSC) and the Health Insurance Responsibility Disclosure (HIRD) form requirements. These requirements were part of the landmark...

 

HTMLNew Rhode Island Legislation Will Allow Bi-Monthly Payment of Wages
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2013, previously published on August 28, 2013
On July 15, 2013, Rhode Island passed highly anticipated legislation that will allow employers to pay their employees on a bi-monthly basis (rather than weekly, as the law had previously required). The law goes into effect on January 1, 2014, and it authorizes the Rhode Island Department of Labor...

 


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