July 2020
Employment
News & Updates
Cases We're Watching
Our "Top Five to Ten" List of Important Recent Cases 
By  David I. Brody  

When we published our  March newsletter , we had no idea what was just around the corner – a global pandemic, a fiscal meltdown, unprecedented unemployment, and a national reckoning with the terrible consequences of centuries of racial violence and inequity. We also received a historic decision from the Supreme Court, affirming, at long last, that our family and friends in the LBGTQ community are protected from discrimination in employment under federal law. In this ever-changing landscape, it is increasingly important to keep up to speed on the latest legal cases and developments. Click here to read a brief summary of several important updates.
Thought Leadership
The CARES Act and Your Compensation: What Every Executive Should Know

Signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “ CARES Act ” ) provides access to loans and loan guarantees from the United States Treasury to various businesses. Not surprisingly, such financial support comes with strings, some of which impact executive compensation and careers. Read more.
International Executives: Cross-Border Employment Considerations and Traps for the Unwary

In today’s global economy, executives are increasingly called upon to navigate the opportunities and challenges of conducting business around the world. Far too often, however, international executives neglect the impact that cross border employment may have on their compensation, benefits, and personal liability. Below are some common employment issues for executives to consider in navigating international employment relationships.   Read more.
Proposed Amendments to the Massachusetts Paid Family and Medical Leave Regulations

In just a few months, beginning on January 1, 2021, most Massachusetts workers will be eligible for paid family and medical leave under the  Paid Family Medical Leave Law  (the “PFML”). In May 2020, perhaps somewhat lost in the more immediate COVID-19 crisis, the Department of Family and Medical Leave (the “Department”), published proposed amendments to their previously issued regulations.  Click here to read several of the key provisions of the proposed amendments specifically impacting the rights of Massachusetts workers.
Sherin and Lodgen News and Accolades
Sherin and Lodgen’s Employment Law Department recognized by Chambers USA

Sherin and Lodgen was ranked for Labor & Employment: Mainly Plaintiffs Representation in the 2020 edition of  Chambers USA: America’s Leading Lawyers for Business .  Brian J. MacDonough and  Nancy S. Shilepsky , partner in the department, were also recognized as notable practitioners in the rankings. Read more.
Sherin and Lodgen welcomes new associate to Employment Department

Sherin and Lodgen is pleased to announce the addition of  Elijah P. Bresley   as an associate in the firm’s Employment Department. He counsels clients in a variety of employment matters, such as contract disputes, wage and hour disputes, wrongful termination, discrimination, and retaliation claims.
David I. Brody elected Vice President of Massachusetts Employment Lawyers Association

David I. Brody was elected Vice President of the Massachusetts Employment Lawyers Association (MELA) for the 2020-2021 program year during the association’s Annual Meeting on June 24, 2020. David represents individuals in a wide range of matters, including contract negotiation and enforcement, wage and hour issues, wrongful termination, discrimination, retaliation, and whistleblowing.
Brian J. MacDonough quoted in Massachusetts Lawyers Weekly on damages awarded to cancer researcher for loss of laboratory

Brian J. MacDonough was quoted in Massachusetts Lawyers Weekly on May 7, 2020. The article, “SJC: cost to replace lab a valid damages measure,” analyzes a recent Supreme Judicial Court ruling, in which a renowned cancer researcher was awarded $10.2 million in unrestricted breach of contract damages for the loss of her life’s work. Read more .
David I. Brody quoted in Massachusetts Lawyers Weekly article on judicial estoppel and enforcement of settlement agreements

David I. Brody was quoted in  Massachusetts Lawyers Weekly  article on June 10, 2020. The article, “Plaintiff officer’s actions ‘repudiated’ settlement, Appeals Court finds,” covers a recent Appeals Court ruling that a plaintiff police officer could not enforce an agreement settling an employment discrimination suit filed in federal court because she waited nearly a year to sign the agreement and meanwhile pursued claims barred by its terms. Read more.
Nancy S. Shilepsky serves as Employment Law Update moderator at Massachusetts Bar Association’s 41st Annual Labor & Employment Conference

Nancy S. Shilepsky served as a moderator at the Massachusetts Bar Association’s (MBA) 41st Annual Labor & Employment Conference on Thursday, June 18, 2020. The virtual conference, held by the MBA’s Labor & Employment Law Section Council, featured several panels of experts and judges. Panelists discussed the latest developments in labor and employment law, addressed issues facing employers and employees due to COVID-19, and provided tips on litigation practice.
First, take a deep breath: Advice from Brian J. MacDonough on how executives can protect themselves during trying times

During trying times, now more than most, executives can expect their decisions and actions to be closely scrutinized, sometimes fairly and sometimes not. Listen to advice from  Brian J. MacDonough and other industry experts on how executives can protect themselves during difficult times. This podcast is from the International Conference on Risk, Reward and Reputation Management Issues for Senior Executives and Founders held in London earlier this year.  Click here to listen to highlights.
Sherin and Lodgen Employment Department
Sherin and Lodgen’s Employment Law Department represents executives, professionals, and business clients across a wide range of industries, providing counseling, negotiations, and complex litigation services.
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