Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

2017-07-25T14:41:58+00:00 June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws & Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

A Refresher on Retaliation Based on the EEOC’s Revised Retaliation Guidance

2018-02-28T20:54:51+00:00 September 7th, 2016|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Litigation, MCAD & EEOC, Thomas J. Gallitano|Tags: |

Retaliation is now the most frequently alleged basis of discrimination. The number of retaliation claims has doubled since 1998. In fiscal year 2015, retaliation accounted for nearly 45% of the claims the Equal Employment Opportunity Commission received. Despite this, the Commission had not revised its guidance on retaliation since it was first issued in 1998.

Retaliation – The Basics

2018-02-28T20:53:56+00:00 September 1st, 2016|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Litigation, MCAD & EEOC, Thomas J. Gallitano|Tags: |

Retaliation “occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the EEO laws the Commission enforces.” See EEOC Enforcement Guidance on Retaliation and Related Issues. These laws include Title VII of the Civil Rights Act of 1964 (“Title VII), the

Massachusetts Passed Unprecedented Pay Equity Legislation. What Employers Should Know

2017-01-13T17:30:40+00:00 August 5th, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws & Regulations, MCAD & EEOC, Wage & Hour|

On August 1, 2016, Massachusetts Governor Charlie Baker signed into law the Act to Establish Pay Equity (the “Act”) which becomes effective July 1, 2018. The Act makes three significant changes to existing law. First, and most importantly, it prohibits employers from inquiring about a prospective employee’s salary history. This is a groundbreaking provision –

Non-Competition Agreement Reform Will Have to Wait Until Next Year…Again

2017-01-13T17:30:56+00:00 August 3rd, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws & Regulations, Noncompete Agreements|

“Wait ‘til next year,” the unofficial slogan of fans of the Brooklyn Dodgers, is becoming equally applicable to proponents of reform to Massachusetts law concerning non-competition agreements. Massachusetts legislators have filed bills every year since 2009. Each has failed to be enacted into law. This year looked like it would be the year. The House

Update: 1st Circuit Denies FedEx Drivers’ Petition to Reconsider Decision that FAAAA Preempts the Massachusetts Independent Contractor Statute

2017-01-06T17:09:06+00:00 April 28th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, Independent Contractor, Laws & Regulations, Wage & Hour|

Last month, Alexis P. Theriault wrote about the First Circuit’s decision in Schwann v. FedEx Ground Package System, Inc. In Schwann, the First Circuit held that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts a portion of the Massachusetts independent contractor statute, thereby making it easier for delivery services – like FedEx – to

A Chink in the Armor of the Massachusetts Independent Contractor Law

2017-01-13T17:23:59+00:00 March 17th, 2016|Categories: Alexis P. Theriault, Independent Contractor, Laws & Regulations, Wage & Hour|

Massachusetts has one of the most employee-friendly independent contractor laws in the country, creating a heavy presumption of employee status. For a refresher on the law and whether a worker should be classified as an employee or an independent contractor, you should refer to Johanna Matloff’s and Adam Santeusanio’s detailed discussion of the Massachusetts Independent

DOL’s Expansive View of Joint Employment – It’s Not Limited to Control

2017-01-13T17:24:05+00:00 March 15th, 2016|Categories: Alexis P. Theriault, DOL, FLSA, Laws & Regulations|

Employers should be aware of U.S. Department of Labor Administrator’s Interpretation No. 2016-1, recent guidance discussing joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The Interpretation highlights that joint employment has become more common in recent years, and describes in detail the Wage and

Supreme Court Limits Effectiveness of Rule 68 Offers as a Tool to Combat Class Action Litigation

2018-02-28T20:56:44+00:00 February 4th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, FLSA, Laws & Regulations, Litigation|Tags: |

Since the advent of modern class action litigation in the 1960s, companies have struggled to stem the tide of these time-consuming and expensive lawsuits. Consider the following strategy. After learning that a plaintiff has filed a putative class action against it, the company offers to fully and completely compensate the named plaintiff for its injuries,

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