WLG is proud to announce that Mark Whitney has once again been selected by Thompson Reuters as a Massachusetts Super Lawyer. This is Mark's 9th year to be selected for this recognition (2 years as a Rising Star® and 7 years as a SuperLawyer®) by Thomson Reuters’ SuperLawyer Magazine) in the "Employment Litigation Attorney" category.
Whitney Law Group, LLC Blog
WLG is pleased to welcome Kaitlyn Millerick, who recently joined WLG as an Associate. Kaitlyn is a 2011 graduate of Northeastern University School of Law and brings a variety of employment law and general legal experience to the table for WLG's clients. She is attended her undergraduate studies at Brandeis University.
On June 26, 2017, the highest court in Massachusetts, the Supreme Judicial Court (“SJC”), decided George, et al. v. National Water Main Cleaning Company, et al. This class action law suit stems from uncertainties about assessment of certain damages under the Massachusetts Wage Act (G. L. c. 149 §§ 148, 150).
On June 15, 2017, the United States District Court for the District of Massachusetts (the federal trial court in Boston) denied the defendant’s motion to dismiss in Campbell v. Bristol Community College. The plaintiff, Campbell, sued her former employer, Bristol Community College, alleging discrimination and retaliation on the basis of race.
As WLG's blog recently reported, the Pregnant Workers Fairness Act was gaining momentum this spring. Even more recently, both chambers of the Massachusetts Legislature passed their own bills, but they differ slightly. The House passed its version of the bill (H. 3680) unanimously on May 10, 2017. The Senate passed its bill (S. 2093) unanimously on June 29, 2017.
WLG is pleased to announce that Mark Whitney was recently elected to be the Clerk of the Labor & Employment Law Section of the New Hampshire Bar Association. Mark has been an active member of the NH Bar since 1995.
Employers Under Fire for Using Noncompete Agreements to Depress Wages and Limit Employee Mobility
On June 5, 2017, the 1st Circuit Court of Appeals (the federal appellate court located in Boston, which covers Massachusetts, New Hampshire, Maine, Rhode Island, and Puerto Rico) decided Grant v. Target Corporation. Grant sued Target for breach of contract based on Target’s alleged failure to follow a disciplinary policy before firing him. The court found that Target’s disciplinary policy could not be relied upon as an employment contract and dismissed Grant’s claim.
The new law, the “Act to Establish Pay Equity,” was signed by Governor Charlie Baker on August 1, 2016. It replaces Massachusetts’ existing pay equity law, M.G.L. ch. 149 § 150A, in an effort to eliminate the gender pay gap by broadening the meaning of “comparable work” and implementing new rules on employees’ salaries. The new act also creates an affirmative defense for employers who conduct a self-evaluation of their pay practices. The law will not take effect until July 1, 2018, giving employers time to evaluate their policies.