Roy W. Bjorlin (Of Counsel-Boston, MA) prevailed on a motion for summary judgment in Suffolk County Superior Court in an employment action brought against Wilson Elser’s client, a board member of a Boston-based start-up company. The plaintiff, a former executive with the start-up, alleged violations of the Massachusetts Wage Act by the company, its CEO and the client, and sought to hold the client individually liable for the alleged violations. Following oral argument, the court granted Roy’s motion for summary judgment, concurring with his argument that there was insufficient evidence to prove the client acted as an agent of the company or assumed and accepted significant responsibilities regarding finances or payroll. In its 13-page decision, the court further determined that the client’s role did not satisfy the requirements to hold a non-officer of a company individually liable for a Wage Act violation, as outlined in a 2017 Massachusetts Supreme Judicial Court decision.