Whitney Law Group, LLC Blog

Whitney Law Group is Growing (again)!

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.

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

SJC Provides Additional Clarity About the Scope of the Massachusetts Wage Act

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).

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

Alleged Use of Phrase “Mack Daddy” in the Workplace Enough For Race Discrimination Case to Proceed

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.

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

Pregnant Employee Bill Poised to Become Law in Massachusetts

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.

Whitney Law Group is Growing!

WLG is pleased to welcome Nicole Siino, who recently joined WLG as a Law Clerk. Nicole is currently attending Suffolk Law School and is an editor at the Suffolk Journal of High Technology Law.

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

Mark Elected to Officer Position of the NH Bar Association's Labor & Employment Law Section

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. 

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

Abuse of Noncompete Agreements Highlighted in Recent News

Employers Under Fire for Using Noncompete Agreements to Depress Wages and Limit Employee Mobility

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

Court Refuses to Find Target’s Discipline Policy was an Enforceable Contract

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.

'' found at  by  () used under  ()
'' found at  by  () used under  ()
'' found at  by  () used under  ()

One Year Away from Mass Pay Equity Law – What Should Employers Be Doing Now?

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.

'sunlight rainbow flag : harvey milk plaza, castro,  san francisco (2014)' found at https://flic.kr/p/nS5326 by torbakhopper (https://flickr.com/people/gazeronly) used under Creative Commons Attribution-NoDerivs License (http://creativecommons.org/licenses/by-nd/2.0/)
'sunlight rainbow flag : harvey milk plaza, castro,  san francisco (2014)' found at https://flic.kr/p/nS5326 by torbakhopper (https://flickr.com/people/gazeronly) used under Creative Commons Attribution-NoDerivs License (http://creativecommons.org/licenses/by-nd/2.0/)
'sunlight rainbow flag : harvey milk plaza, castro,  san francisco (2014)' found at https://flic.kr/p/nS5326 by torbakhopper (https://flickr.com/people/gazeronly) used under Creative Commons Attribution-NoDerivs License (http://creativecommons.org/licenses/by-nd/2.0/)

Federal Appeals Court Holds That Sexual Orientation Discrimination is Prohibited by Title VII

In a landmark decision that is sending shockwaves through the employment law bar, the 7th Circuit Court of Appeals (the federal appeals court located in Chicago, IL, which covers the states of Indiana, Illinois, and Wisconsin), issued a decision which holds that discrimination based on one's sexual orientation is prohibited under the Title VII of Civil Rights Act of 1964. This ruling is the first time that a federal appeals court has held that Title VII protects workers against discrimination due to their sexual orientation.