Ordinarily, the burden of proof rests with the plaintiff. However, in Brotherston v. Putnam Investments, LLC, the First Circuit joined three of its sister circuit courts and held that the burden of proof in an ERISA fiduciary-breach case shifts to the defendant fiduciary to prove that its breach did not cause a loss to an employee benefit plan.
Category: Massachusetts Employment BizLit
New Massachusetts Law Places Restrictions on Non-Compete Agreements
After many years, Massachusetts legislators have finally agreed upon non-compete reform. On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a new bill that affects the applicability, scope, and influence of non-compete agreements between Massachusetts employers and employees.
NLRB Issues Guidance on New Employer-Friendly Standard for Handbook Rules
By Alexis P. Theriault
Employers Beware – No Grace Period For Untimely Payment of Wages To Terminated Employee
By Alexis P. Theriault
Ban-The-Box Law Further Limited
By Beth O’Neal
An Epic Day: Employers May Require Class Action Waivers In Mandatory Employment Agreements
By Alexis P. Theriault
Preparing for the Massachusetts Pregnant Workers Fairness Act — Effective April 1, 2018
By Kathleen R. O’Toole
Overview of Formal Guidance on Amendments to Massachusetts Equal Pay Act
By Andrew R. Dennington