About Abigail Bertheaud

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So far Abigail Bertheaud has created 23 blog entries.

First Circuit Joins Sister Circuits Approving Burden-Shifting Approach to Proving Causation in ERISA Fiduciary-Breach Claims

2018-11-06T20:26:12+00:00 November 6th, 2018|Categories: Johanna Matloff, Laws & Regulations|Tags: |

Ordinarily, the burden of proof rests with the plaintiff. However, in Brotherston v. Putnam Investments, LLC, the First Circuit joined three of its sister circuit courts and held that the burden of proof in an ERISA fiduciary-breach case shifts to the defendant fiduciary to prove that its breach did not

New Massachusetts Law Places Restrictions on Non-Compete Agreements

2018-09-07T14:41:38+00:00 September 7th, 2018|Categories: Anthony Bova, Human Resources Compliance, Laws & Regulations, Noncompete Agreements|

After many years, Massachusetts legislators have finally agreed upon non-compete reform. On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a new bill that affects the applicability, scope, and influence of non-compete agreements between Massachusetts employers and employees. The new law, which becomes effective on October 1, 2018,

NLRB Issues Guidance on New Employer-Friendly Standard for Handbook Rules

2018-07-26T20:30:12+00:00 July 26th, 2018|Categories: Alexis P. Theriault, Catherine M. DiVita, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, NLRB|

In early June, the National Labor Relations Board (the “NLRB”) issued Guidance on Handbook Rules Post-Boeing regarding how regional offices should apply its new standard for analyzing employee handbook rules (the “Guidance”). The standard, announced in The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), sets forth a balancing

Employers Beware – No Grace Period For Untimely Payment of Wages To Terminated Employee

2018-07-09T18:47:00+00:00 July 9th, 2018|Categories: Alexis P. Theriault, Henry H. Tran, Human Resources Compliance, Laws & Regulations, Wage & Hour|

Massachusetts employers are (or should be) aware of the Massachusetts Wage Act’s strict requirements regarding the payment of wages to departing employees. Terminated employees must be paid all wages owed on the date of termination, while employees who resign must be paid on the next regular payday following the end

More Changes for Massachusetts Employers: Paid Family & Medical Leave and Minimum Wage Increases

2018-07-02T15:17:33+00:00 June 29th, 2018|Categories: Alexis P. Theriault, FLSA, FMLA, Human Resources Compliance, Laws & Regulations, Wage & Hour|

Massachusetts has done it again. Yesterday, Charlie Baker signed into law An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday. Deemed the “Grand Bargain,” the law keeps Massachusetts at the forefront of providing greater employee rights and protections for its residents. The law follows

The Amended Massachusetts Equal Pay Act Goes Into Effect on July 1, 2018. Is Your Business Prepared?

2018-06-26T20:20:04+00:00 June 26th, 2018|Categories: Human Resources Compliance, Kathleen O'Toole, Laws & Regulations, Wage & Hour|

The Amended Massachusetts Equal Pay Act (“MEPA”) will become effective in less than one week, on July 1, 2018. MEPA was a landmark pay equity law that inspired dozens of states, cities, and even private companies to require and to make similar changes with the goal of reducing and eliminating

Ban-The-Box Law Further Limited

2018-05-25T17:04:29+00:00 May 25th, 2018|Categories: Human Resources Compliance, Laws & Regulations, Mary E. (Beth) O'Neal|

Massachusetts recently enacted sweeping criminal justice reform. Included among the reformed laws is a further limitation on information an employer may seek from applicants regarding their criminal history. These changes become effective October 13, 2018 and enhance the protections for employees that became effective when Massachusetts amended its CORI (Criminal

An Epic Day: Employers May Require Class Action Waivers In Mandatory Employment Agreements

2018-05-22T16:46:10+00:00 May 22nd, 2018|Categories: Alexis P. Theriault, Discrimination & Harassment, FLSA, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, Litigation, MCAD & EEOC, Regulatory Compliance, Wage & Hour|Tags: |

Depending on your perspective, the Supreme Court’s decision yesterday in Epic Systems Corp. v. Lewis provided much-needed certainty to employers or dealt a serious blow to employees. The vote was 5 to 4, and the Court’s newest justice, Neil Gorsuch, authored majority decision joined by the so-called conservative justices. That

Preparing for the Massachusetts Pregnant Workers Fairness Act — Effective April 1, 2018

2018-03-19T16:16:42+00:00 March 19th, 2018|Categories: Accommodation of an Employee’s Pregnancy, Human Resources Compliance, Kathleen O'Toole, Laws & Regulations, PWFA|

The Massachusetts Pregnant Workers Fairness Act (the “Act”) goes into effect on April 1, 2018 and has immediate implications for all Massachusetts employers who employ six or more employees. Broadly speaking, the Act amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, and prohibits discrimination on the

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