Smith Lee Nebenzahl Labor and Employment Law
Our labor and employment lawyers represent employers and employees in labor and employment claims arising from violations of wage and hour laws, employment discrimination, and non compete agreements. Our lawyers also offer advice to employers regarding labor and employment and wage and hour laws.
Non compete agreements are enforceable only if they are: (i) supported by consideration; (ii) reasonable in scope; and (iii) necessary to protect a legitimate business interest. A non compete may be unenforceable if it was signed after the beginning of employment, if the nature of the employment changed after signing the non compete, if the scope of the non compete is unreasonable, or if the employer cannot demonstrate the need to protect trade secrets or goodwill through the non compete.
If you are subject to a non compete, our employment lawyers can evaluate the non compete, and defend you if your employer sues under the non compete. If you are an employer, our employment lawyers can advise you on the enforceability of your non compete agreements, draft an enforceable non compete, or pursue litigation to enforce your non compete.
Non compete cases handled by Smith Lee Nebenzahl lawyers.
Employment in Massachusetts is employment "at will," which means that the employer can terminate the relationship for any reason. Employment discrimination is an exception. Other exceptions include:
Wrongful termination in violation of public policy: an employee who is terminated for objecting to conduct by the employer which violates clearly established public policy may have a claim for wrongful termination under Massachusetts law. This exception is limited to instances where : (i) the employer's conduct constitutes a threat to public health or safety; or (ii) the employee has a good faith basis to believe the employer's conduct violates the law.
Breach of the Implied Covenant of Good Faith and Fair Dealing: Massachusetts law implies a duty of good faith and fair dealing in every contract in Massachusetts, including employment agreements. If your employment is terminated without good cause, and deprives you of compensation for past services, you may have a wrongful termination claim.
Our labor and employment lawyers are happy to speak with you to determine if you have a wrongful termination claim.
Massachusetts Wage and Hour laws
Massachusetts labor laws require timely payment of wages and overtime pay. The Massachusetts Wage Act requires payment of wages within six days after a pay period. “Wages” under the Wage Act include commissions, but not bonuses. Massachusetts and federal laws also require payment of time and a half for overtime for non-exempt employees. Violation of the Wage Act or overtime law can subject an employer to liability for treble the amount of the unpaid wage, as well attorneys fees.
If you are an employee with a claim under Massachusetts or federal wage and hour law, our labor and employment lawyers can help evaluate and prosecute that claim. If you are an employer concerned about exposure under the Wage Act, our labor and employment lawyers can review your employment and wage practices, and defend claims brought by employees.
What is a "Wage" under the Massachusetts Wage and Hour law and what can an employer deduct
Massachusetts Wage and Hour law cases handled by our labor and employment lawyers.
Our labor and employment lawyers can help evaluate and prosecute your employment discrimination claim; our lawyers can also advise employers and defend employment discrimination claims.
FAQs about employment discrimination and the Massachusetts Commission Against Discrimination
Employment discrimination cases handled by Smith Lee Nebenzahl labor and employment lawyers.