In the News: Sasha Thaler and Chris Deubert Publish Article with Massachusetts Lawyers Weekly

Constangy attorneys Sasha Thaler and Chris Deubert recently authored an article for Massachusetts Lawyers Weekly discussing three recent decisions by Massachusetts courts that expand protections for workers. 

The first case involved how the Massachusetts Wage Act applies to remote workers and established that the employee involved had the most significant employment relationship with Massachusetts, as that was her sales area, she commuted to the office in Massachusetts and the denial of her commission was done by employees in Massachusetts. The case serves as a reminder to businesses in Massachusetts to ensure that they understand their obligations under the Wage Act. 

The second case, Moore v. Industrial Demolition LLC, involved a plaintiff who had suffered a workplace injury and was unjustly terminated after seeking accommodation for his temporary restrictions due to his medical condition. In this case, the issue was not one of discrimination but rather retaliation for the accommodation request and assertion of one’s rights. Temporary medical conditions can trigger anti-retaliation protections, which is why companies should ensure that all actions comply with company policy and applicable law. 

The third case, City of Newton v. Commonwealth Employment Relations Board, involved a plaintiff who asserted he was transferred to less desirable work hours as retaliation for union involvement. The court ruled that regardless of the collective bargaining agreement being accepted by the company and the officer receiving higher pay, he was placed at a ‘material disadvantage’ with the new schedule he was transitioned to.

Sasha and Chris stressed, “...employers should tread carefully when making changes to terms and conditions of employment after an employee has engaged in legally protected activity – whether union activity, a request for reasonable accommodation, or any other activity protected by applicable law.” 

To view the full article, subscribers may click here.