Boston employment law is consistently more protective of workers than the federal framework it operates alongside, and the differences are substantial enough that a Boston worker’s rights depend significantly on which legal system they are using to enforce them. The Boston Fair Employment Practices Act, codified at General Laws Chapter 151B, prohibits discrimination on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, ancestry, and several other characteristics that federal law either does not cover or covers more narrowly. The remedies available under Chapter 151B include compensatory damages, punitive damages in cases of knowing or intentional violations, and attorney’s fees, creating financial consequences for employers that exceed what federal law alone would produce.
A Boston employment lawyer who practices under Boston law works within a system that has produced significant verdicts and settlements for workers precisely because the state’s statutory framework gives plaintiffs meaningful tools that the federal baseline does not provide.
The Boston Commission Against Discrimination and Its Role
Before a Chapter 151B claim can be filed in Boston court, the worker must file a complaint with the Boston Commission Against Discrimination. This administrative filing requirement is a condition of bringing a court action, and it must be completed within 300 days of the discriminatory act. The MCAD investigates the complaint, attempts conciliation between the parties, and if conciliation fails, the case can either be heard by the MCAD itself or removed to Superior Court where a jury trial is available. Most workers with serious employment discrimination claims elect to remove to court where the damages potential is higher and the procedural tools of civil discovery are available.
What Chapter 149 Adds for Wage and Hour Claims
Boston General Laws Chapter 149 governs wage and hour rights and provides remedies that go beyond the federal Fair Labor Standards Act. Wage violations under Chapter 149 carry mandatory treble damages, meaning the court must award three times the unpaid wages as a matter of law, without any need for the worker to prove that the employer’s violation was willful. This trebling applies to unpaid overtime, unpaid minimum wages, and in many cases to illegal deductions from wages. Attorney’s fees are also mandatory in successful Chapter 149 cases. These remedies make Boston wage and hour claims among the most financially significant employment claims available anywhere in the country, and they are among the claims most aggressively defended by large employers precisely because the financial exposure is so significant.
Non-Compete Agreements Under Boston Law
Boston enacted the Boston Noncompetition Agreement Act in 2018, which substantially restricted employers’ ability to enforce non-compete agreements against employees. Under the Act, non-competes may only be enforced against workers who are terminated for cause or who resign voluntarily, must be provided to employees before their acceptance of an employment offer or, for existing employees, must be accompanied by garden leave pay of at least 50 percent of the employee’s base salary during the restriction period, and cannot exceed 12 months in duration. Employers who present non-compete agreements that do not meet these requirements cannot enforce them, and workers who have been told their non-compete prevents them from working for a competitor may be operating under an unenforceable restriction.
When Boston Workers Should Consult an Employment Attorney
The filing deadlines in Boston employment law are short enough that workers who wait too long lose their claims permanently. The 300-day MCAD deadline for discrimination complaints and the three-year statute of limitations for most wage claims both run from the date of the violation, and discovery of the violation later does not necessarily extend the period. The Boston Commission Against Discrimination’s filing information describes the complaint process, the applicable deadlines, and the procedural steps that follow an MCAD filing, providing workers with the information they need to act within the window that protects their rights.
