Bennett and Belfort, P.C. founding Partner, Todd J. Bennett, was quoted in Massachusetts Lawyers Weekly about a landmark Suffolk Superior Court jury verdict in the case of Boyle v. Wayfair, LLC, which is believed to be the first verdict in Massachusetts regarding a claim for a violation of G.L. c. 175M, §9(c), the Massachusetts Paid Family and Medical Leave Act (“PFMLA”).
Interestingly, the jury found that Wayfair did not commit age discrimination against the plaintiff, Mary Boyle. However, the jury did find that Wayfair retaliated against Ms. Boyle for: a) complaining about discrimination and b) taking leave under the PFMLA, and awarded Ms. Boyle $4 million in punitive damages, $600,000 for emotional distress, and more than $75,000 in back pay. Author, Olsen, K., 2026, May 26, “In state’s first PFMLA verdict, employee wins $4.75M against Wayfair,” Massachusetts Lawyers Weekly.
The case drew attention for highlighting the heavy burden that the PFMLA places on employers. Pursuant to G.L. c. 175M, §9(c),
“Any negative change in the seniority, status, employment benefits, pay or other terms or conditions of employment of an employee which occurs any time during a leave taken by an employee under this chapter, or during the 6 month period following an employee’s leave… shall be presumed to be retaliation… Such presumption shall be rebutted only by clear and convincing evidence that such employer’s action was not retaliation against the employee and that the employer had sufficient independent justification for taking such action…” G.L. c. 175M, § 9(c).”
Attorney Bennett, who was not involved in the case, was asked to provide his perspective to Massachusetts Lawyers Weekly regarding the verdict’s significance for both employees and employers. Attorney Bennett told Massachusetts Lawyers Weekly, “The Boyle case should be a reminder to employers of how high their burden is to prove legitimate, non-retaliatory action with respect to PFMLA claims, as well as the importance of educating management about medical leave and changing corporate culture relative to employees’ use of medical leave.”
Attorney Bennett also offered perspective on what the jury’s large punitive damages award signals — and what comes next. He noted that, “The jury here must have found that Wayfair’s conduct was particularly outrageous and reprehensible and/or that Wayfair maintained a culture of hostility towards employees who reported claims of discrimination and/or who took medical leave.”
Attorney Bennett’s practice includes employment law and litigation, business/commercial litigation, and real estate litigation.
