Law and the Workplace

Tag Archives: settlement

Sweeping Expansion of Protections Relating to Workplace Discrimination on the Horizon in New York State

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
A suite of bills aimed at further enhancing protections for both employees and independent contractors regarding discrimination, harassment and retaliation in the workplace are on the horizon in New York State.  Several of these bills, if ultimately enacted, would potentially lead to a groundbreaking shift in how employers approach settlement of discrimination, harassment and retaliation … Continue Reading

Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Class/Collective Action, Wage and Hour
As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in settlement.  The Wage Act (Mass. General Laws ch. 149 §§ 148, 150) awards costs and fees when an employee “prevails” … Continue Reading

Decapitating Class Actions

By Mark W. Batten on Posted in FLSA
One potential early approach to a class action is to “decapitate” it — to knock out the claims of the class representative(s), often by finding some deficiency in their individual claim that supports a motion to dismiss or for summary judgment.  Another approach, though, is to settle with the named plaintiffs.  That buys no peace … Continue Reading
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