David E. Belfort, Esq.Bennett & Belfort PC is pleased to announce that on October 29, 2020 B&B Partner, David E. Belfort will serve as a panelist on the Massachusetts Bar Association’s (“MBA”) presentation entitled “COVID-19 and the Workplace: What Employers Should Know & Perspectives from the DOL and AGO” The Panelists plan to address a variety of hot topics impacting…
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Developments in the Dynamic World
of Business and Employment Law
Eric R. LeBlanc, Esq.Michaela C. May, Esq.On June 5, 2020, the Massachusetts Appeals Court reversed a Superior Court decision that would have precluded a plaintiff in a sexual harassment case from moving to dismiss her harasser’s specious counterclaims. The case is Rosario v. Caring Bees Healthcare, Inc. et al, Appeals Court No. 19-P-1223. After Attorneys Eric LeBlanc and Michaela May…
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With businesses reopening in Massachusetts, a major challenge is how to handle employee concerns about returning to the workplace while the COVID-19 pandemic continues. Laws enacted to specifically address COVID-19 in the workplace protect employees who contract the illness, need to take care of a household member who has contracted the illness, or cannot work due to COVID-19-related child care…
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B&B Partner David E. Belfort was called upon for comment and quoted in the April 29, 2020 issue of Massachusetts Lawyers Weekly (“MLW”) in a front page article discussing the Massachusetts Appeals Court decision upholding the ruling in Trahan v. Wayfair, LLC (Trahan v. Wayfair Me., LLC, No. 19-1961 (1st Cir. Apr. 21, 2020). The Trahan appeal involved the lower…
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Severance agreements are contracts between an employer and a departing employee that formalize the terms of the separation- and beyond. While people are generally aware that employers sometimes offer a severance agreement, there are some important facts that employees should know in the event that they are presented with one and asked to sign it. Like most contracts, severance agreements…
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On March 12, 2020 Bennett & Belfort P.C. attorney Craig D. Levey served as a panelist for the Boston Bar Association’s program entitled “Employment Law Issues Related to the Coronavirus Outbreak.” This very timely discussion was hosted by the BBA’s Labor and Employment Law Section. Mr. Levey was joined on the panel by Peter J. Moser of Hirsch Roberts Weinstein…
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Francoise Parker marketed energy services for EnerNOC, Inc., for which she was paid a base salary and commissions. The Massachusetts Supreme Judicial Court has held that EnerNOC’s decision to withhold more nearly $350,000 in commissions because Ms. Parker was no longer employed by the Company subjected the Company to treble damages. In short, EnerNOC could not evade the Massachusetts Wage…
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While it is important for employers to diligently engage in an interactive process with its employees, a recent case demonstrates the importance of the obligation of employees in certain situations to disclose medical diagnoses relevant to their ability to perform the essential functions of their job. In a December 23, 2019 decision, Flaherty v. Entergy Nuclear Operations, Inc., 946 F.3d 41…
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