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

June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws and 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U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Will the Legalization of Marijuana Impact your Business?

November 30th, 2016|Categories: Daniel Fishman, Discrimination & Harrassment, Labor Law & NLRB, Thomas J. Gallitano, Uncategorized|

On November 8, 2016, Massachusetts voters approved Question 4 to legalize the possession and recreational use of marijuana. The ballot initiative passed by a 53.6% to 46.4% margin. The law comes into effect quickly: recreational use and possession of marijuana will be legal for adults 21 years old or older on December 15, 2016 while

Employer May Not Withhold Severance After Learning Former Employee Copied and Retained Proprietary Data

February 23rd, 2016|Categories: Christopher Sweeney, Human Resources Compliance, Labor Law & NLRB|

Employers are left scratching their heads in the wake of a Massachusetts Supreme Court ruling, EventMonitor, Inc. v. Leness, No. SJC-11920, 2015 WL 9957743 (Mass. Feb. 4, 2016), that a terminated employee was entitled to receive severance payments despite uncontroverted evidence that the employee copied and retained his employer’s proprietary business plans and customer lists

Classifying Individuals as Independent Contractors or Employees

November 4th, 2015|Categories: Adam M. Santeusanio, Human Resources Compliance, Independent Contractor, Johanna Matloff, Labor Law & NLRB, Laws and Regulations, Wage & Hour|

Introduction Most employers will, at some point, have occasion to consider whether an individual who performs services for the employer is an “independent contractor” or an “employee.” How an employer classifies an individual is crucial to the employer’s compliance with wage and hour laws, discrimination statutes, workers’ compensation requirements, mandatory affirmative action programs, and a

NLRB Declines Jurisdiction in Student-Athletes’ Unionization Effort

August 25th, 2015|Categories: Alexis P. Theriault, Labor Law & NLRB, NLRB|

In a much-anticipated decision inspiring countless football-themed puns, the National Labor Relations Board (the “Board”) declined to assert its jurisdiction over the effort to unionize by Northwestern University’s scholarship football players. Issued on August 17, 2015, the decision comes on the eve of a new college football season. In Northwestern University, 362 NLRB No. 167

What the Protected Class, Gender Identity, Means to Employers

July 28th, 2015|Categories: Discrimination & Harrassment, Human Resources Compliance, Labor Law & NLRB, Mary E. (Beth) O'Neal, MCAD & EEOC|

Recap of Where Gender Identity is a Protected Class Nineteen states (Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont and Washington) and the District of Columbia expressly prohibit discrimination based upon gender identity, in both private and public employment. Six states (Indiana,

Legalization of Same-Sex Marriage Nationwide May Have Implications for Employers

June 29th, 2015|Categories: Christopher Sweeney, Discrimination & Harrassment, Human Resources Compliance, Labor Law & NLRB, Laws and Regulations|

On June 26, 2015, the Supreme Court held in Obergefell, et al. v. Hodges, et al., that the due process and equal protection clauses of the United States Constitution guarantee the right of same-sex couples to marry. The 5-4 decision authored by Justice Anthony Kennedy directs that all states must issue marriage licenses to

Update on Medical Marijuana Law and its Impact on Employment

June 22nd, 2015|Categories: Labor Law & NLRB, Laws and Regulations, Litigation, Mary E. (Beth) O'Neal, Wage & Hour|

In our blog posted on May 29 2015, we reviewed the issues surrounding the use by an employee of medical marijuana and its consequences in the workplace. Since then, a closely watched case pending before the Colorado Supreme Court was decided by the full court. Coats v. Dish Network, LLC, 2015 WL 3744265 (June 15,

Real Estate Industry Statute Triumphs in SJC Monell Decision

June 11th, 2015|Categories: Katherine Kelter, Labor Law & NLRB, Laws and 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

Load More Posts