| Articles on martindale.com |
| | Three Major New Greenhouse Gas Developments Increase Likelihood of Near-Term Congressional and Regulatory Action
October 15, 2009, previously published on October 2009
In the last three weeks, several significant judicial, legislative, and regulatory developments have taken place. Taken together, they increase the likelihood that Congress will pass some form of greenhouse gas (GHG) legislation in the relatively near future. |
| | Court Applies Mandatory Treble Damages Retroactively Creating Split among Superior Court Judges
October 7, 2009, previously published on September 22, 2009
In July 2008, the Massachusetts Legislature amended Massachusetts General Laws ch. 149, § 150 (Payment of Wages Act) to make treble damages mandatory for all state wage and hour law violations. The legislation was in reaction to a 2005 SJC ruling, which found that, as drafted, the statute permitted... |
| | EEOC Issues Proposed Regulations under the Americans with Disabilities Act, Invites Public Comment by November 23, 2009
October 7, 2009, previously published on September 2009
On September 23, 2009, the EEOC published proposed new regulations under the Americans with Disabilities Act (ADA). The EEOC's Notice of Proposed Rulemaking is the agency's first effort at providing guidance under the ADA Amendments Act of 2008 (ADAAA), which was enacted on September 25, 2008, and... |
| | Employees Must Arbitrate Discrimination Claims Only If Arbitration Agreement States Clear Intention
October 7, 2009, previously published on September 22, 2009
In Warfield v. Beth Israel Deaconess Medical Center, Inc., the Massachusetts Supreme Judicial Court (SJC) held that an employment contract purporting to waive or limit an employee's rights under the Massachusetts anti-discrimination statute is enforceable only if the intent to do so is stated in... |
| | Employers Must Pay Unused Vacation Time to Discharged Employees
October 7, 2009, previously published on September 22, 2009
In Electronic Data Systems v. Attorney General, the SJC recently held that the failure to pay unused vacation time to involuntarily terminated employees violates Massachusetts General Laws ch. 149, § 148 (Wage Act). The Wage Act requires employers to pay all wages that are due to an employee on the... |
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