Employment Litigation

Employment litigation is an umbrella term covering many types of claims, including allegations of discrimination, harassment, wage violations, misclassification, wrongful terminations, and overtime violations. The overlap of relevant laws and regulations imposes a heavy burden on employers. These legal disputes between employers and employees can be temperamental and affect the employer’s reputation and employee relations. If the disputes result in the filing of a lawsuit, then the employer will have to invest substantial time and money into the resolution. Legal disputes in this context can pose significant risks for the employer because damages often reach a high cost. The Harbor Law Group has extensive experience representing employers and helping them traverse the complexities of employment litigation.

Wage Compliance

An employer’s duties under wage and hour laws are incredibly important. Since July 2008, Massachusetts employers have been subject to automatic treble damages (that is, three times the amount of any award) for violations of the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150. The Harbor Law Group can guide you through the various state and federal wage and hours laws to help your company avoid potential litigation.

Employee Classification

The proper classification of workers as employees or independent contractors is a significant step in any employer’s hiring process. Although using independent contractors can strengthen your workforce, misclassifying employees as independent contractors can have a costly result, including strict penalties. The Massachusetts Independent Contractor statute is very strict and makes it difficult for an employer to hire independent contractors. The Harbor Law Group can ensure your compliance with Massachusetts law on classification of employees so you avoid litigation and strict penalties including automatic treble damages for unpaid wages, including overtime, value of benefits offered to properly classified employees, interest and payment of attorney’s fees.

Non-competition and Non-solicitation Agreements

Non-competition agreements can be an effective tool to protect an employer’s goodwill and trade secret information. Agreements signed after October 1, 2018 provide greater protections for employees related to enforcement of non-competition agreements, including a garden leave provision. However, this does not affect non-competition agreements signed prior to October 1, 2018 or non-solicitation agreements signed by employees. The Harbor Law Group can ensure that you effectively use non-competition and non-solicitation agreements, along with confidentiality and nondisclosure agreements to prevent unfair competition from ex-employees.