March 2020
Employment
News & Updates
Important Updates from the Supreme Judicial Court
Unequal Bargaining Power and Hardship May Make a Post-Employment Restriction Unenforceable: New Guidance from Massachusetts’ Highest Court  

On October 1, 2018, the Massachusetts Non-Competition Act, MGL c. 149, sec. 21, went into effect. Without a doubt, the Act provided a much-needed leveling of the playing field for employees whose employers and prospective employers were using over-reaching restrictions to gain an unfair advantage in competition and compensation. However, as Massachusetts employees soon came to realize, the Act is limited to non-competition restrictions and does not cover other anti-competitive restrictions which may be just as harmful.  Read more.
But I Would Have Earned It – Treble Damages for Lost Wages

The Massachusetts Wage Act provides strong protections for employees, including, for example, making it unlawful for employers to withhold an employee’s wages, retaliate against an employee for seeking his or her wages, or have an employee – even if voluntarily – waive his or her right to wages. The Wage Act also contains harsh punishment for employers that violate the statute, including liability for three times the unpaid or lost wages, called “treble damages.” Given these penalties, what constitutes a “wage” under the statute is hotly contested. Read more.
More Thought Leadership
Sticks and Stones May Break Bones, But Words May Constitute Unlawful Discrimination

In recent months, there have been several news stories about the legal implications of inappropriate and/or offensive language in our society, generating discussion about whether such language is, or should be, unlawful in certain circumstances.  Read more.
Brian J. MacDonough quoted in Massachusetts Lawyers Weekly article on a recent ruling regarding implied covenant of good faith and fair dealing

Brian J. MacDonough was quoted in the December 12th issue of  Massachusetts Lawyers Weekly (MLW). The article, "Exec not discharged in bad faith, says 1st Circuit," explores a recent ruling by the 1st U.S. Circuit Court of Appeals regarding a biotech VP's alleged firing to avoid incentive award.  Read more.
David I. Brody quoted in Massachusetts Lawyers Weekly on potential liability for ‘OK Boomer’ in the workplace

David I. Brody was quoted in the December 5th issue of  Massachusetts Lawyers Weekly (MLW). His quote was featured in the “Snap Judgements” section of the paper, where various Massachusetts attorneys weighed in on the question, “Will any ‘OK Boomer’ age discrimination lawsuits actually be filed? Why or why not?” Read more.
The "Top Five Cases" We Watched in 2019
In celebration of a new decade, we're wrapping up the top five cases and topics of importance to executives and professionals from 2019:

  1. Calixto v. Coughlin
  2. Sullivan v. Sleepy’s LLC
  3. Yee v. Mass State Police
  4. DaPrato v. Massachusetts Water Resources Authority
  5. Parris v. Sheriff of Suffolk Co.
Sherin and Lodgen News and Accolades
30 Sherin and Lodgen attorneys named Massachusetts Super Lawyers

Congratulations to the 30 Sherin and Lodgen attorneys selected for inclusion in the 2019 Massachusetts  Super Lawyers . The list, published both as a special supplement in  Boston  magazine and in  New England Super Lawyers , included Brian J. MacDonough and Nancy S. Shilepsky . David I. Brody was listed as a Rising Star .

Brian J. MacDonough appointed Chair of the Firm’s Employment Department

Brian J. MacDonough  has been appointed chair of the firm’s Employment Department, effective February 1, 2020. Brian previously served as co-chair of the department alongside  Nancy S. Shilepsky , a leading influence in the world of executive advocacy, employment law, and employment litigation. Nancy, senior partner in the department, will continue to serve clients in her active executive advocacy practice. Read more.
David I. Brody elevated to firm partner

David I. Brody has been elevated to partner, effective January 1, 2020. Sherin and Lodgen attorneys Matthew S. Cote and  Jennifer L. Ioli   were also made partner.

David is a member of Sherin and Lodgen’s award-winning Employment Department. He represents individuals in a wide range of matters, including contract negotiation and enforcement, wage and hour issues, wrongful termination, discrimination, retaliation, and whistleblowing. Read more.
Brian J. MacDonough presents at International Forum of Senior Executive Advisers Inaugural Conference

Brian J. MacDonough , chair of the firm’s Employment Department, spoke at the International Forum of Senior Executive Advisers (IFSEA) inaugural event, “International One-Day Conference on Risk, Reward & Reputation Management Issues for Senior Executives & Founders, and their Specialist Advisers,” on February 4, 2020, in London, England. Read more.
David I. Brody speaks at BBA’s Labor and Employment Section Program

David I. Brody , partner in the firm’s Employment Department, spoke at the Boston Bar Association’s (BBA) Labor and Employment Section Program,  “ Show Me the Money: A Beginner’s Guide to Wage and Hour Laws, ” on January 31, 2020. As part of the BBA’s “Friday Fundamentals,” this program offered perspectives regarding the interpretation and compliance with both state and federal wage and hour laws. Read more.
Sherin and Lodgen Employment
Sherin and Lodgen’s Employment Law Department represents executive, professionals and business clients across a range of industries, providing counseling, negotiation, and complex litigation services.
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