Cases We're Watching
Our "Top Five to Ten" List of Important Recent Cases

In an effort to keep our newsletter readers abreast of recent developments and legal trends, we are continuing our "top five to ten" list of cases of importance to executives and professionals. This time we are addressing cases in the following fields: privacy rights in the workplace; discrimination; and wage and hour law. Included in our list is also a "heads up" regarding important topics and cases likely to be decided soon - including how to measure breach of contract damages when a person's career is at stake. Click here to read the full list of important cases to watch.
Thought Leadership
"But I Can't Prove It." Yes You Can, With Circumstantial Evidence
By David I. Brody and Jaclyn L. McNeely 

It is impossible to count the number of times we have heard an employee say, "I know something is wrong but I can't prove it." Our response is to say, "That is what we do." If something is wrong, we help you prove it using what evidence is available, which is often what lawyers call circumstantial evidence - the circumstances which, if looked at as a whole, will show a jury what is really going on. To illustrate, we are going to look at proof of a discrimination claim - but proof of many employment claims (whistleblowing, retaliation, etc.), not just discrimination, can be made by circumstantial evidence. Read more.
Proposed Changes to the MCAD's Procedural Regulations

The Massachusetts Commission Against Discrimination ("MCAD") recently released new draft procedural regulations which aim to substantially overhaul the existing ones which have been in effect since 1999.  Although the draft regulations are still subject to review, commentary and public hearing, some key changes are highlighted in this article. Read more. 
UPDATE: IRS Says NDAs Don't Prevent Plaintiffs from Deducting Attorneys' Fees in Sexual Harassment Settlements
 
The 2017 Tax Cuts and Job Act (the "Act"), contained troubling language for plaintiffs seeking to settle sexual harassment claims - section 162(q). In an apparent effort to shine light on workplace sexual harassment, the Act prohibited the deduction of attorneys' fees in the settlement of such claims when the settlement contained a nondisclosure agreement ("NDA"). Read more. 
High Court Reinforces Discrimination Is About More Than Money

Discrimination in the workplace can take many forms and present itself in countless ways. Many people mistakenly believe that discrimination is not actionable until the discrimination has had a financial impact. A recent Supreme Judicial Court decision clarified that this is not true under Massachusetts' anti-discrimination statute, Chapter 151B. In the recent case of Yee V. Massachusetts State Police, the Court considered what constitutes an "adverse employment action" and reinforces that discrimination claims are about more than just money. Read more. 
Upcoming Events
Brian J. MacDonough will speak at the BBA's CLE discussion, "The Supremes: A Review of Recent Labor and Employment Decisions at the U.S. Supreme Court and Supreme Judicial Court," on April 2, 2019. 

To learn more about the CLE, visit the Boston Bar Association's website. 
Nancy S. Shilepsky  will moderate a discussion, "The View from the Other Side of the Bench," during the MBA's 40th Annual Labor & Employment Law Spring Conference On April 25, 2019. 

To learn more about the conference, visit the  MBA's website.
Sherin and Lodgen Accolades
Sherin and Lodgen Employment Blog Receives "Go-To Thought Leadership Award" from the National Law Review

Sherin and Lodgen LLP has received a 2018 "Go-To Thought Leadership Award" from the National Law Review for its employment blog. Sherin and Lodgen was recognized for its editorial contributions on Massachusetts employment law, which included coverage of labor and employment decisions, analysis of employment legislation, and guidance on state and national trends in employment. The firm was among 65 authors and legal organizations selected for the award, and only one of a dozen nation-wide that focuses on employment law. Read more.
About Sherin and Lodgen LLP 

Sherin and Lodgen is a mid-sized Boston law firm specializing in real estate, litigation, business law and employment. With over 40 attorneys, the firm handles complex matters, while providing responsive, senior-level attention to every matter.  Known for its effective, efficient and focused representation, Sherin and Lodgen delivers sophisticated analysis and a high touch service by developing an in-depth understanding of clients' business goals, issues, concerns and emerging industry trends. Visit our website to learn more.