In an effort to keep our readers abreast of recent developments and legal trends, we summarize below what is new in the law (both in legislation and in the cases) and provide a “heads up” regarding what to expect in the coming months. We hope you find this helpful.
Disputes regarding the enforceability of arbitration agreements have led to many hotly contested legal battles covering a wide range of legal theories, e.g., waiver, lack of consideration, unconscionability, violation of public policy, etc. In a recent victory for employees, an employer’s lax response to a statutory request for a personnel record led to a finding of waiver by the employer, and the denial of a motion to compel arbitration.
Under the Massachusetts Personnel Record Law, M.G.L. c. 149, § 52C, an employee shall be given a copy of his or her Personnel Record within 5 business days of a written request. In Hernandez v. Universal Protection Service, LLC, No. 2181cv00335 (Middlesex Super. Ct. Aug. 23, 2021) (Frison, J.), the employer failed to provide the employee with a copy of the arbitration agreement in response to her Personnel Record request. Moreover, the employer did not disclose its intent to seek enforcement of the arbitration agreement at any time until the matter was filed in court. Given the circumstances, the court held the employer’s failure to disclose the arbitration agreement acted to waive the...
In January of 2026, the U.S. Department of Justice reported a record-breaking year for False Claims Act recoveries, with the vast majority related to healthcare. What the DOJ report does not captu...