Pierce & Mandell, P.C. Attorney, Lawyer, Litigator, Legal Advice, Boston, MA

Call us (617) 720-2444
Fax: (617) 720-3693

11 Beacon Street, Suite 800
Boston, MA 02108-3002

Call Us Today!
(617) 720-2444

Expert and Cost-Effective
Legal Advice & Services

Employment Law and Litigation

Recent Federal Court Decision Addresses Massachusetts Non-Compete Act

12 November 2021

By Hannah Schindler Spinelli and Scott M. Zanolli The 2018 enactment of the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L (the “Act”), changed the Massachusetts noncompete landscape by setting forth certain specific minimum conditions which must be included in any noncompete agreement in order for the agreement to be deemed valid and enforceable. One such requirement mandates that...

Read more...

Recent Federal Court Decision Addresses Massachusetts Non-Compete Act

When is an Employer Liable for its Employee’s Conduct?

1 November 2021

By: Mollie R. Sullivan Respondeat Superior, a Latin phrase which directly translates to “let the master answer,” refers to the theory that an employer should be held liable for its employee’s conduct. This theory is important in personal injury actions because bringing claims against a tortfeasor’s employer allows for recovery from additional insurance coverage, with typically larger policies. Thus, a...

Read more...

When is an Employer Liable for its Employee’s Conduct?

Can Massachusetts Employers Require Employees To Return To The Office?

15 March 2021

By: Scott M. Zanolli, Esq. With COVID-19 infections rates decreasing and the number of vaccinations increasing, many employers are beginning to recall employees back to office spaces or putting plans in place to do so. This will leave many employers wondering: what can be done if employees refuse to return to the office out of fear of the virus? Can...

Read more...

Can Massachusetts Employers Require Employees To Return To The Office?

The New Massachusetts Pregnant Workers Fairness Act

3 October 2017

By: Lena J. Finnerty On July 27, 2017, Governor Baker signed into law the Massachusetts Pregnant Workers Fairness Act (the “MPWFA”) which extends the protections afforded pregnant workers in Massachusetts beyond those currently provided under federal law. The Act, which will go into effect April 1, 2018, will amend the current anti-discrimination statute in Massachusetts, to prohibit workplace and hiring...

Read more...

The New Massachusetts Pregnant Workers Fairness Act

The Wage Act – Are Commissions Considered Wages?

18 July 2017

By Curtis Dooling The Massachusetts Wage Act, G. L. c. 149, § 148, requires that employers pay their employees’ wages within six days of the end of the applicable pay period. The law includes harsh penalties for failure to pay wages, including the mandatory award of triple damages and attorneys’ fees. An employer that violates the Wage Act can also...

Read more...

The Wage Act – Are Commissions Considered Wages?

Changes to FLSA, if unimpeded, may have large repercussions for employers

5 December 2016

By Karen Rabinovici The Fair Labor Standards Act (FLSA), which applies to all employees employed in the private sector as well as to government employees, establishes the minimum wage, overtime pay requirements, recordkeeping requirements, and child labor standards.  It was the FLSA that first introduced the forty-hour workweek, the concept of minimum wage, and time and a half for overtime...

Read more...

Changes to FLSA, if unimpeded, may have large repercussions for employers

Can Employers Uncover An Employee’s Criminal Records?

9 March 2016

By: Scott M. Zanolli When one considers the phrase “sealed record,” what words or phrases come to mind? Airtight?  Impenetrable?  While records should remain sealed to an employer who may file a Criminal Offender Record Information (CORI) request as part of a background check on a potential employee, neither word accurately describes the working definition for sealed records under Massachusetts...

Read more...

Can Employers Uncover An Employee’s Criminal Records?

Small Businesses Fight Back Against PPACA Financial Burdens

28 July 2015

By Karen Rabinovici Small business owners who have decided to reimburse their employees’ health insurance premiums as a way of lowering the burdensome cost of directly providing health insurance are learning the meaning of the expression “no good deed goes unpunished.” Faced with the expense of providing health insurance as required by the Patient Protection and Affordable Care Act (“PPACA”),...

Read more...

Small Businesses Fight Back Against PPACA Financial Burdens

State Court Joins Federal Court to Uphold Earned Sick Time Law, Employers Try to Navigate New Law Effective July 1, 2015

14 July 2015

By: Curtis B. Dooling A Massachusetts District Court judge upheld the earned sick time law on Monday (July 13), the second court to uphold the new law after construction contractors unsuccessfully challenged the law. A U.S. District Court judge dismissed their claims last week. The earned sick time law, which requires nearly all Massachusetts employers to provide earned sick time...

Read more...

State Court Joins Federal Court to Uphold Earned Sick Time Law, Employers Try to Navigate New Law Effective July 1, 2015

Employment Law Rights and Sexual Harassment Laws in Massachusetts

28 February 2013

Employment Law Rights in Massachusetts: The Latest Developments from the Massachusetts Commission Against Discrimination on Sexual Harassment and Discrimination By: Michael C. Fee Massachusetts General Laws c. 151B prohibits sexual harassment in the workplace.  Sexual harassment is defined as “sexual advances , requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) submission to...

Read more...

Employment Law Rights and Sexual Harassment Laws in Massachusetts

The Facts About Pregnancy Related Employment Discrimination

31 January 2013

By: Michael C. Fee It is unlawful for an employer to terminate a pregnant female’s employment, or to take any other adverse employment action against the employee, on account of pregnancy.  Under Federal law, The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964, and provides that discrimination on the basis of pregnancy, childbirth, or related...

Read more...

The Facts About Pregnancy Related Employment Discrimination

Non-Compete Agreements in Massachusetts

9 January 2013

By Michael C. Fee Highly compensated executives are routinely required to sign non-compete agreements as a condition of their employment.  It is well-accepted that employers have a legitimate interest in protecting their investment in their employees, and courts are often called upon to balance such concerns against an employee’s right to make a living in his or her chosen field....

Read more...

Non-Compete Agreements in Massachusetts