Brian J. MacDonough quoted in Massachusetts Lawyers Weekly article about a recent FMLA case

April 18, 2018

Brian J. MacDonough, partner in the firm’s Employment Department, was quoted in a recent Massachusetts Lawyers Weekly article entitled, “Good faith not enough to rebut FMLA claim,” published on April 12, 2018.

From the article:

Boston attorney Brian J. MacDonough said the case was a good reminder of the compensatory nature of liquidated damages.

“A lot of times they are looked at as punitive, but they are not,” he said.

The DaPrato case, along with another recent decision in federal court (see sidebar), also serve as reminders to employers that they should not “elevate form over substance” when trying to adhere to written policies. At times, with laws like the FMLA, such policies need to be applied flexibly to comply with the statute, he said.