The Employment Law Counselor

This episode of The Employment Law Counselor podcast in collaboration with PLUS, is hosted by Victoria Fuller, Partner, and Laura Corvo, Counsel, and features guest James Baffa, Assistant Vice President – Claims at Berkley Select. Together, they discuss the risks created by the changing legal landscape around majority‑group discrimination claims. The conversation explores recent Supreme Court case decisions, the EEOC’s shift in enforcement priorities, and offers tips for employers to minimize their legal risk.

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On February 26, 2026, the Business Litigation Session of the Massachusetts Superior Court held that there is no individual liability, and no claim for aiding and abetting, under the Massachusetts Paid Family and Medical Leave Act (“PFMLA”).

In Jackson Laughlin v. BinStar, Inc. (Delaware) et al., the co-founder and former CEO of a discount retail business asserted claims against both the retail business as well as former board members and directors individually, alleging that they violated the PFMLA by repeatedly contacting him while he was on protected medical leave and ... Continue Reading

The United States Equal Employment Opportunity Commission (“EEOC”) recently filed a lawsuit against Coca-Cola Beverages Northeast, Inc. (“Coca-Cola Northeast”) alleging that the Coca-Cola distributor discriminated against its male employees on the basis of sex.

In its complaint, filed February 17, 2026 in the United States District Court for the District of New Hampshire, the EEOC alleges that Coca-Cola Northeast engaged in sex discrimination in violation of federal discrimination laws when it sponsored a two-day “trip and networking event” for female ... Continue Reading

The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2025 (“FY25”) Annual Report, covering July 1, 2024 – June 30, 2025. The report reflects a year of transition for the agency, including leadership stabilization, structural reforms, increased outreach and continued progress toward replacing its case‑management system. For employers, the report offers important insight into filing trends, backlog conditions, investigative outcomes and adjudicatory activity over the past year.

Complaints Filed in ... Continue Reading

Pennsylvania has joined a growing number of states and localities in enacting legislation aimed at eliminating hair-based discrimination; the new law is effective January 24, 2026. Governor Josh Shapiro signed the Creating a Respectful and Open World for Natural Hair “CROWN” Act into law in November 2025. This law protects individuals from discrimination in the workplace based on natural hair textures and protective hairstyles, such as locs, braids, twists, coils, bantu knots, afros and extensions. The legislation likewise prohibits discrimination related to religious ... Continue Reading

Beginning on October 29, 2025, employers will have to comply with new disclosure obligations set forth in the Massachusetts Pay Transparency Law. Like similar pay transparency laws that have gone into effect in other states, the Massachusetts law requires Massachusetts employers of 25 or more employees to disclose wage ranges in job postings to applicants. This includes positions that can be performed remotely by an employee assigned to a Massachusetts worksite, as well as positions that can be performed by remote workers whose primary place of work is within Massachusetts. In ... Continue Reading

On October 22, 2025, the Massachusetts Supreme Judicial Court (“SJC”) issued an important decision clarifying the distinction between “wages” which are subject to the protections of the Massachusetts Wage Act and other forms of compensation such as bonuses. In Nunez v. Syncsort Incorporated, et al., the former employee claimed that the employer violated the Wage Act by paying the second half of his retention bonus eight days after his date of termination. Per the Wage Act, all wages must be paid to an involuntarily terminated employee on the date of termination. The ... Continue Reading