Bennett & Belfort, P.C. Partner, David E Belfort, along with his colleague Attorney Peter Moser (From the firm Hirsh, Roberts Weinstein LLP), gave the opening lecture at this year’s 15th Annual Massachusetts Continuing Legal Education (MCLE) Employment Law Conference. Their presentation, entitled “Discrimination Law Update,” focused on 2012 developments in Massachusetts federal and state discrimination law. The lecture first addressed…
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Developments in the Dynamic World
of Business and Employment Law
The First Circuit Court of Appeals recently upheld a trial court decision in favor of employees (baristas) of Starbucks on their claim that the company illegally deprived the baristas of tips owed to them by including managerial employees in the tip distribution. (Matamoros v. Starbucks Corp., Docket No. 12-1189) In their class-action lawsuit, the baristas alleged that Starbucks’ policy allowing…
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Bennett & Belfort, P.C. is pleased to announce that four of our attorneys have been selected as 2012 "Super Lawyers," in the categories of Business Litigation and Employment & Labor. The designation is attained through high peer recognition, meeting ethical standards, and demonstrating achievement in the field. Partner David E. Belfort was named a 2012 Super Lawyer in the "Employment Litigation" practice area…
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While some employers elect to offer separating employees some form of severance package, employees are not usually entitled to any severance payment, unless by pre-existing contract. The primary reasons that businesses offer severance packages to departing employees include to: 1) reward them for their services and tenure at the business; and/or 2) in order to obtain a waiver and general…
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Bennett & Belfort, P.C. partner, David E. Belfort, was recently asked to comment on two separate cases for “Massachusetts Lawyers Weekly” (‘MLW’). One of the cases related to the proof analysis applied to employment discrimination cases under the Federal Rehabilitation Act, and the other focused on a rare large jury verdict secured under the Massachusetts Payment of Wages statute’s retaliation…
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A recent Federal District Court decision in Massachusetts held that Netflix’s “Watch Instantly” web site may be a place of public accommodation under the Americans with Disabilities Act. The lawsuit, National Association of the Deaf v. Netflix, Inc., was filed on behalf of deaf and hearing-impaired individuals who seek a court order compelling Netflix to provide closed captioning for all…
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Bennett & Belfort is pleased to announce that founding partner David E. Belfort has been elected President of the Massachusetts Employment Lawyers Association ("MELA") for the 2012-2013 term. MELA's mission is to enforce and protect the legal rights of employees in a wide variety of employment matters, including: discrimination, retaliation, sexual harassment, unemployment issues and severance, non-competition and confidentiality agreements, and civil…
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A common issue arising in contract disputes relates to which representatives within a corporation (or acting on behalf of a corporation) have the authority to bind the corporation to a contractual obligation. It is well settled that a principal is liable for its agent’s conduct where the agent is acting within his authority or apparent authority. Theo & Sons, Inc.…
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