Superior Court Rejects Profit-Sharing as a “Commission” Subject to the Wage Act

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that profits available under a profitsharing agreement were not “wages” subject to the Massachusetts Wage Act. This case serves as a significant point of reference for both employers and employees navigating the complexities of compensation structures within the purview of the Wage Act.

 

 

BHPK partner Michael Stefanilo, Jr.’s federal litigation currently pending in the United States District Court for the District of Massachusetts

As a result of BHPK partner Michael Stefanilo, Jr.’s federal litigation currently pending in the United States District Court for the District of Massachusetts, after several years of him and his client and co-counsel fighting for what is right, the VA has announced that it will amend its policy to afford IVF to same-sex couples. This follows the Department of Defense committing to similar changes last month.

The arc of the moral universe is long, but it bends towards justice.

https://news.va.gov/129390/va-provide-vitro-fertilization-veterans-same-sex-marriages/

 

 

BHPK attorney Francesca Papia argued before the Massachusetts Appeals Court this week on behalf of Beverly Police Chief John LeLacheur

BHPK attorney Francesca Papia argued before the Massachusetts Appeals Court this week on behalf of Beverly Police Chief John LeLacheur, arguing that an unintentional disclosure of information cannot form the basis for an invasion of privacy claim under common law immunity principles.

https://www.salemnews.com/news/appeals-court-holds-hearing-on-police-chiefs-tweet-%20case/article%20_%20b72080ac-e075-11ee-a6e6-13581c365fd7.html?fbclid=IwAR2ioBeLpOhdxoL_9vBql9pBtJGNhDzs0VmAsaJg1CrU-Aoia7HPRN6a4Oc

 

 

 

BHPK’s Michael Stefanilo, Jr. spoke on behalf of his client in response to the Commonwealth’s proposal to reimburse LGBTQ+ veterans

BHPK’s Michael Stefanilo, Jr. spoke on behalf of his client in response to the Commonwealth’s proposal to reimburse LGBTQ+ veterans who were wrongfully denied IVF services by the VA, and the federal government’s forthcoming amendments to its policy, ending several years of disparate treatment against a marginalized group of veteran heroes.

“Ms. Sheffield is extremely moved by the Healey Administration’s dedication to advancing the rights of LGBTQ+ veterans, and is honored to learn that her bravery in coming forward has inspired the creation of a pilot program that will serve to protect a vulnerable subset of the veteran population from acts of invidious discrimination,” her attorney, Michael Stefanilo Jr., wrote in an email to GBH News.

https://www.wgbh.org/news/health/2024-02-08/many-lgbtq-unmarried-veterans-in-mass-could-soon-get-ivf-benefits-for-the-first-time?fbclid=IwAR18P74Ea47AHpP0EHusHtFbx8s0-F9aodR4BzKFGDF3J-uhZ-WjYkHL4dU

Healey-Driscoll Administration has proposed legislation initiating a pilot program for LGBTQ+ couples

As a direct result of impact litigation filed by BHPK partner Michael Stefanilo, Jr. in the United States District Court for the District of Massachusetts, the Healey-Driscoll Administration has proposed legislation initiating a pilot program for LGBTQ+ couples denied IVF reimbursement by the VA.

Michael is prosecuting the subject class action lawsuit along with prestigious co-counsel from the National Veterans Legal Services Project and Peter Romer-Friedman Law in D.C.

The Governor’s press release can be found here: https://www.mass.gov/news/healey-driscoll-administration-unveils-historic-legislative-package-for-veterans-in-massachusetts

BHPK’s Greg Pagnini successfully achieves dismissal of First Amendment retaliation claim based on discriminatory teacher’s TikToks.

BHPK partner Greg Pagnini, with Lenny Kesten serving as co-counsel, prevailed on a motion for summary judgment in federal court, obtaining dismissal of a First Amendment retaliation claim filed by a former school teacher. At issue were six social media memes posted on TikTok by the plaintiff containing themes of homophobia, transphobia, and racism.

Following a storm of controversy in the community and after conducting an investigation, the Hanover Public School District terminated the plaintiff, noting that her continued employment in light of the social media posts would have a significantly negative impact on learning at the high school.

The court agreed. While taking into consideration the time, place, and manner of the plaintiff’s speech — having been posted on a private TikTok account and prior to her hire — the court held that the District had a legitimate government interest in terminating her employment due to its reasonably related concerns that the posts were, and would continue to be, a disruption to student learning. Further, the court found that the posts reflected an intolerance to groups of people who were represented among both staff and the student body, which undermined the District’s goal of ensuring a safe learning environment and respect for human differences. The termination was upheld and the retaliation claim rejected.

Congratulations to the BHPK team on its victory.