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

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

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U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Will the Legalization of Marijuana Impact your Business?

2017-04-26T18:43:27+00:00 November 30th, 2016|Categories: Daniel Fishman, Discrimination & Harassment, 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

2017-01-13T17:24:14+00:00 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

2017-01-13T17:15:45+00:00 November 4th, 2015|Categories: Adam M. Santeusanio, Human Resources Compliance, Independent Contractor, Johanna Matloff, Labor Law & NLRB, Laws & 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

2017-01-13T17:18:15+00:00 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

2017-01-13T17:18:55+00:00 July 28th, 2015|Categories: Discrimination & Harassment, 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

2018-02-28T20:59:40+00:00 June 29th, 2015|Categories: Christopher Sweeney, Discrimination & Harassment, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations|Tags: |

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

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