Employment
News & Updates
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Top Cases of 2020 and Cases to Watch in 2021 |
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Our “Top Five to Ten” List of Important Recent and Upcoming Cases
When we published our February newsletter, COVID-related closures were still commonplace, vaccines were only first making their way to the general public, and life felt as uncertain as ever. We had no idea how quickly things would change, following the CDC’s updated guidance in May. Now businesses are reopening at a rapid pace, and the courts are following suit. Read more on the cases we were watching, which have now been decided, and other recent cases of importance to executives and professionals.
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Offer Letter vs. Employment Agreement: Does it Matter?
Are the terms of an offer letter enforceable? If the offer is accepted, the answer is usually a resounding “yes,” even if the employment offered is only at-will. See, e.g., Hooker v. Trusted Life Care, Inc., et al., No. 07-0174C, 2009 WL 839094, *6 (Mass. Super. Mar. 11, 2009) (an employer whose offer of employment was signed and accepted had a contractual obligation to allow the employee to begin employment, even if such employment could be terminated immediately). Needless to say, once employment is begun, protections, such as severance upon termination without cause, are triggered. Read more.
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Discrimination Alert: Most Employees of Religious Institutions Remain Protected, At Least for Now
On March 5, 2021, the Supreme Judicial Court of Massachusetts (the SJC), issued a decision that prevents religious institutions from avoiding liability for unlawful discrimination against most employees. The decision, in the case of DeWeese-Boyd vs. Gordon College, SJC-12988, held that although Gordon College, a non-denominational Christian liberal arts college, was a religious institution entitled to certain protections under the law, not all its employees were “ministers” as to whom the laws against discrimination could not be applied. Read more.
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Not So Fast: A Cautionary Tale Regarding “Mistakes” In Employment Agreements
Consider the following fact pattern: Employer makes the decision to terminate a senior-level Executive. This is a without cause termination scenario. Under the terms of the applicable Employment Agreement, Executive would have otherwise continued to receive salary payments of $42,500 per month for sixteen months, totaling $680,000 over the remaining duration of the contract term. Read more.
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Updated Bulletin Regarding COBRA Premium Assistance Under ARPA
The IRS recently issued a detailed notice (Notice 2021-31) providing much-needed guidance on the application of the temporary premium assistance for Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage created by the American Rescue Plan Act of 2021. The Notice provides answers to many of the questions we raised when we first wrote about the subsidy in April. Read more.
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Sherin and Lodgen News and Accolades |
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Sherin and Lodgen’s Employment Law Department recognized by Chambers USA 2021 for Labor & Employment: Mainly Plaintiffs Representation
Sherin and Lodgen was ranked for Labor & Employment: Mainly Plaintiffs Representation in the 2021 edition of Chambers USA: America’s Leading Lawyers for Business. Brian J. MacDonough, chair of the firm’s Employment Law Department, and Nancy S. Shilepsky, partner in the department, were also recognized as notable practitioners in the rankings. Read more.
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Brian J. MacDonough named “Employment Law Trailblazer” by The National Law Journal
Brian J. MacDonough, chair of the firm’s Employment Department, has been named to The National Law Journal’s (NLJ) third annual list of “Employment Law Trailblazers.” The list recognizes the top employment lawyers across the nation who have moved the needle in the legal industry, making them true trailblazers in their practice area. Brian and fellow honorees were featured in a special supplement of the July/August issue of NLJ, which is available online here.
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Gavriela M. Bogin-Farber and David I. Brody re-elected as President and Vice President of MELA
Gavriela M. Bogin-Farber, associate in the firm's Employment Department, and David I. Brody, partner in the department, have been re-elected to serve as President and Vice President, respectively, of the Massachusetts Employment Lawyers Association (MELA) for the 2021-2022 term.
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Nancy S. Shilepsky named a 2021 “Go-To Employment Lawyer” by Massachusetts Lawyers Weekly
Nancy S. Shilepsky, partner in the firm’s Employment Department, has been named a 2021 “Go-To Employment Lawyer” by Massachusetts Lawyers Weekly. This award recognizes the top employment lawyers across the Commonwealth who demonstrate expertise in his or her field, hold a track record of success in cases and/or transactions, and whom other lawyers make referrals because of his or her expertise and accomplishments. Nancy and fellow honorees were all nominated by their colleagues and chosen by a panel from Lawyers Weekly. Click here to read the full list of 2021 “Go-To Employment Lawyers,” published in Massachusetts Lawyers Weekly’s digital edition on April 16, 2021.
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Recent Speaking Engagements |
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David I. Brody presented at the Association of American Law Schools’ (AALS) Clinicians of Color Racial Justice Workshop, “Risk Mitigation & Best Practices for Engaging in Racial Justice Work,” on July 15, 2021.
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Gavriela M. Bogin-Farber presented an Employment Law Update at the Massachusetts Bar Association's (MBA) Labor & Employment Law Section Council's 42nd Annual Labor & Employment Conference on June 17, 2021.
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Gavriela M. Bogin-Farber, president of the Massachusetts Employment Lawyers Association (MELA), presented during a MELA program, “COBRA subsidy in the American Rescue Plan Act,” on May 18, 2021.
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Nancy S. Shilepsky served as Employee Co-Chair of the American Bar Association (ABA) Section of Labor & Employment Law International Labor and Employment Law Committee’s Midyear Meeting from May 4-6, 2021.
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Brian J. MacDonough and David I. Brody presented at the Boston Bar Association’s (BBA) Labor and Employment Law Section webinar, “Transnational Executive Employment,” on April 28, 2021.
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Sherin and Lodgen Employment Department |
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Sherin and Lodgen’s Employment Law Department represents
executives, professionals, and business clients across a wide range of industries,
providing counseling, negotiations, and complex litigation services.
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