Out-of-State Resident Sues Massachusetts Company on Massachusetts Law
The residual impact of COVID-19 has seen remote employment rise at an exponential rate. With that, litigation encapsulating remote employment has also risen.
In Wilson v. Recorded Future, Inc., et al., a record company and various high-ranking employees named in the complaint (Defendants), sought dismissal of the employee’s (Plaintiff) claims under the Fair Employment Practices Law, G.L.c. 151B, §4(1B), as well as the Massachusetts Wage Act, G.L.c. 149, §148.
Here, the Defendants made the argument that Massachusetts did not have the “most significant” relationship to the employment of the Plaintiff, a Virginia resident.
The Plaintiff countered, stating that he regularly communicated with the Massachusetts office, made routine visits to the Massachusetts office, and that decisions at issue were settled in Massachusetts.
Even though the Plaintiff resided in another state, did not hold himself out to be in Massachusetts to customers, and did not work with supervisors in Massachusetts, the U.S. District Court held that there was enough for the discrimination claim to survive the Defendants’ motion.
Moreover, the judge noted that there is no requirement that the Plaintiff reside or work in Massachusetts to be afforded the Wage Act’s protections.
The recent denial of the Defendants’ motion to dismiss is yet another reminder to Massachusetts employers that it may be more difficult to avoid the employee-friendly provisions of the Massachusetts Fair Employment Practices Law and the Massachusetts Wage Act, even if their employees are out-of-state.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
