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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Developments in the Dynamic World
of Business and Employment Law
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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On December 6, 2019, Bennett & Belfort, P.C. partner, David E. Belfort served as a panel presenter on the topic of “Jury Verdicts: the Big, the Bad and the Ugly; How to Get Them and How to Avoid Them” at the 22nd Annual MCLE Employment Law Conference. Attorney Belfort, along with three other distinguished panelists, engaged in a dialogue highlighting…
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On November 21, 2019 Bennett & Belfort P.C. attorney Craig D. Levey served as a panelist at Suffolk Law School’s Fall Symposium entitled Automation In The Legal Profession: But At What Costs? The panel was hosted by the Journal of High Technology Law, and focused on the intersection between human attorneys and automation in the legal field. Mr. Levey discussed…
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Bennett & Belfort is proud to announce that Thomas Reuters / “Super Lawyers” has listed Bennett & Belfort P.C. Partners David Belfort, Todd Bennett and Michael Mason as 2019 New England Super Lawyers; and Partner Eric LeBlanc and Senior Associates Michaela May and Craig Levey as Rising Stars. Attorney Belfort was selected as a “Top 100” attorney and…
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On October 4, a Suffolk County jury awarded three restaurant workers $114,498 in unpaid overtime compensation. The jury’s verdict followed a seven-day trial in which B&B attorneys, Michaela May and Craig Levey, represented the Thai kitchen workers. Each of the Plaintiffs routinely worked six or seven days per week, usually for much more than 40 hours per week, for…
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Partner Todd Bennett was quoted in a September 30, 2019 Massachusetts Lawyer’s Weekly article about a recent case involving physicians’ attorney-client privilege and peer-review privilege. The underlying case was brought against Massachusetts General Hospital by a physician who alleged that he was fired in retaliation for whistleblower activity after he raised concerns about the hospital’s practice of scheduling surgeons…
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In a recent opinion letter, the Department of Labor clarified that the FMLA can require employers to allow leave for employees to attend school special education meetings. The Department issued the August 8, 2019, opinion letter in response to an inquiry from the parents of two children with FMLA-qualifying serious health conditions. One of the parents received medical certification supporting…
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