Major Revisions to Federal Trade Secrets Law Now in Effect – Defend Trade Secrets Act of 2016 Signed by President Obama

2017-01-13T17:39:10+00:00 May 17th, 2016|Categories: Intellectual Property, Katherine Kelter, Kathleen O'Toole, Laws & Regulations, Litigation, Trade Secrets|

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”). This law substantially revises federal trade secret practice in the United States. Most notably, the DTSA creates a mechanism for private civil trade secret claims to be pursued directly in federal court. The law is also significant for

DOL Now Enforcing Final Rule Extending FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

2017-01-13T17:13:17+00:00 December 29th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog posts on September 1 and September 15, 2015, we discussed the impact and implementation of Home Care Association of America v. Weil, a recent decision rendered by the Court of Appeals for the District of Columbia Circuit. In Weil, the court affirmed a Department of Labor (“DOL”) final rule extending minimum

Update on the DOL’s Extension of FLSA Minimum Wage and Overtime Protections to Certain Home Care Workers

2016-12-15T18:04:13+00:00 September 15th, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog post on September 1, 2015, we discussed the Court of Appeals for the District of Columbia Circuit’s recent affirmation of a Department of Labor (“DOL”) final rule that extends the minimum wage and overtime protections of the Fair Labor Standards Act (“FLSA”) to certain classes of home care workers. When issuing

Federal Circuit Upholds Department of Labor Regulation Excluding Home Care Workers Employed by Third-Party Agencies from Minimum Wage and Overtime Pay Exemptions under the Fair Labor Standards Act

2017-01-13T17:17:54+00:00 September 1st, 2015|Categories: DOL, FLSA, Katherine Kelter, Mary E. (Beth) O'Neal, Wage & Hour|

In a case that highlights the ever-evolving landscape of home health services, the Court of Appeals for the District of Columbia Circuit has upheld a United States Department of Labor (“DOL”) regulation extending the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA” or “Act”) to domestic service workers employed by third

Real Estate Industry Statute Triumphs in SJC Monell Decision

2017-01-13T17:21:59+00:00 June 11th, 2015|Categories: Katherine Kelter, Labor Law & NLRB, Laws & Regulations, Wage & Hour|

The Massachusetts independent contractor statute does not apply to the state’s real estate salespersons, according to a decision rendered last week by the Massachusetts Supreme Judicial Court in Monell v. Boston Pads, LLC, No. SJC-11661 (June 3, 2015). The case pitted real estate brokers against salespersons, with the latter arguing for classification as employees for

Medical Marijuana Law and its Impact on Employment

2017-01-13T17:22:43+00:00 May 29th, 2015|Categories: Katherine Kelter, Litigation, Mary E. (Beth) O'Neal, MCAD & EEOC|

On Friday, May 22, 2015, the Massachusetts Commission Against Discrimination (“MCAD”) received what is believed to be the first complaint in the Commonwealth addressing the impact of medical marijuana use on a certified user’s employment. The case arises out of a Massachusetts woman’s use of medical marijuana for the treatment of Crohn’s disease and pits