Diane M. Saunders

Diane M. Saunders

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


Predictive Scheduling: A Primer for Retail and Hospitality Employers

A primer for retail and hospitality employers on what they need to know about predictive scheduling, and how they can ensure they do not run afoul of existing law - especially during the upcoming holiday season....more

11/19/2015 - Employer Liability Issues Legal Perspectives Retail Workers Retail Workers Bill of Rights Retailers Work Schedules

Massachusetts Policies and Procedures “Checkup”: The Top 10 Areas for Review

Now that the lazy days of summer are over and fall is here, it’s a good time for Massachusetts employers to perform a “checkup” on their policies and procedures to make sure they are compliant with Massachusetts law before...more

9/24/2015 - Best Management Practices Blue Laws Criminal Background Checks Domestic Violence EEOC Employment Policies Hiring & Firing Minimum Wage Parental Leave Sexual Harassment Sick Leave Tipped Employees Weather Policy

The First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors

The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of...more

7/23/2015 - AFL-CIO Ambush Election Rules Employer Liability Issues Hospitality Industry NLRB Retailers Unions

Projected Impact of the Upcoming Overtime Rules On Retail and Hospitality

As we await the issuance of new federal overtime regulations, employers in the retail and hospitality industries may be interested in the recent National Retail Federation (NRF) report, “Rethinking Overtime.” The NRF report...more

6/11/2015 - Hospitality Industry Over-Time Retail Workers

Massachusetts Supreme Judicial Court Issues Two Significant Opinions for Employers

In April 2015, the Supreme Judicial Court of Massachusetts issued two important decisions providing guidance for employers on the scope of Massachusetts’s wage and hour laws. In one decision, the Court held that employers may...more

5/29/2015 - Drivers Employee Definition Employer Liability Issues Independent Contractors MA Supreme Court Tipped Employees Wage and Hour

New Massachusetts Minimum Wage Regulations Contain Significant Changes

While the January 2015 increases in the Massachusetts minimum wage for regular and tipped employees have received considerable attention and publicity, the Massachusetts Department of Labor Standards (DLS) also issued new...more

4/29/2015 - Employer Mandates Minimum Wage New Legislation Wage and Hour

Overtime Changes Threaten the Exempt Status of Retail and Hospitality Managers

The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s...more

4/27/2015 - DOL Exempt-Employees FLSA Hospitality Industry Managers Proposed Legislation Restaurant Industry Retailers Unpaid Overtime Wage and Hour

How Retailers Are Responding to the New “Ambush Election” Rules With Employee Engagement Strategies

On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond. The next day, demonstrations against retailers and...more


Three Tips on Avoiding Summer Internship Headaches

Spring is here and retailers across the country are considering hiring summer interns in areas such as finance, communications, marketing, merchandising, production, and public relations. Internships serve a valuable...more

4/13/2015 - Corporate Counsel Employer Liability Issues Retailers Unpaid Interns Wage and Hour

Effective Inclement Weather Policies—Top 10 Factors to Consider

Here in Boston we are still busy digging out from the recent snowstorm that shut down much of Massachusetts. Other parts of the Northeast and of the country are also facing blizzards, ice and rain storms this winter, but the...more

2/12/2015 - Best Management Practices Emergency Response Severe Weather Wage and Hour

Ten New Year’s Resolutions Retail Employers Should Consider Making in 2015

Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what...more

1/14/2015 - ADA Ambush Election Rules Arbitration Background Checks Best Management Practices Class Action Arbitration Waivers Data Protection Dress Codes Hiring & Firing NLRB Religious Discrimination Retailers Sick Leave Unions Wage and Hour

Retailers Can Avoid Holiday Headaches in New England by Complying With Holiday Pay Laws

In addition to the restrictions on opening in certain New England states, retailers with stores in Massachusetts and Rhode Island should also be aware of their obligation to pay their employees holiday pay (i.e.,...more

11/26/2014 - Employer Liability Issues Holiday Pay Holidays Internet Retailers Retailers Wage and Hour

To Be Or Not To Be: Mooting Rule 23 Class Actions Through Rule 68 Offers of Judgment

The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this...more

11/26/2014 - Class Action Class Certification Federal Rules of Civil Procedure FLSA Genesis Healthcare Corp. v. Symczyk Rule 23 Rule 68 SCOTUS

‘Tis the (Retail) Season, Part I: OSHA’s Tips for a Safe Black Friday

In advance of the holiday season, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding retail employers to take precautions to prevent workplace injuries during major sales events,...more

11/21/2014 - Black Friday DOL Employer Liability Issues Holidays OSHA Retailers Workplace Safety

Ebola in Retail Establishments? How to Prepare

News sources recently reported that one of the Dallas nurses infected with the Ebola virus visited a retail establishment before boarding a plane from Cleveland to Dallas. Since then, retailers and customers have been...more

10/22/2014 - Airlines Best Management Practices Ebola Employer Liability Issues Health Care Providers Hospitals Physicians Retailers

Seven Key Supreme Court Cases for Retailers to Watch

The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more

10/3/2014 - Abercrombie & Fitch Affirmative Defenses Conciliation Direct Marketing Association EEOC Federal Jurisdiction FLSA PDA Pregnancy Discrimination Reasonable Accommodation Religious Clothing Religious Discrimination Religious Exemption Retailers Sales & Use Tax SCOTUS Screening Procedures Staffing Agencies Title VII UPS

Domestic Violence Leave Now Mandated in Massachusetts

On August 8, 2014, Massachusetts Governor Deval Patrick signed sweeping new legislation in the area of domestic violence—M.G.L. c. 260 entitled “An Act relative to domestic violence.” The new law is effective immediately and...more

8/19/2014 - Crime Victims Domestic Violence Employee Rights Paid Leave Unpaid Leave

Massachusetts Legislature Fails to Pass Bill to Ban Noncompetes and Adopt the UTSA

Employers in the Commonwealth of Massachusetts can breathe a sigh of relief now that the Massachusetts legislature has rejected a bill to ban noncompetition agreements. The effort to outlaw noncompetes in the Commonwealth has...more

8/18/2014 - Non-Compete Agreements Restrictive Covenants UTSA

Massachusetts Federal Court Holds That Websites Can Be Places Of Public Accommodation For Purposes Of The ADA

In National Association for the Deaf v. Netflix, Inc., the U.S. District Court for the District of Massachusetts held that Netflix’s Internet video-streaming service, known as “Watch Instantly,” constitutes a place of public...more

8/17/2012 - ADA Disability Disability Access Claims Discrimination Internet Netflix Public Accommodation Reasonable Accommodation

New Law In New Hampshire Requires Employers To Disclose Non-Compete Agreements At The Time Of Hire Or Change Of Job

As of July 14, 2012, employers in New Hampshire must provide all “non-compete and non-piracy agreements” to job applicants prior to or concurrent with a job offer or “change in job classification.” Failure to comply with the...more

8/17/2012 - Hiring & Firing Non-Compete Agreements

First Circuit Limits Ability To Avoid Class-Wide Arbitration

The First Circuit Court of Appeals recently issued a decision that has a significant impact on the ability of employers to avoid class-wide arbitration. In Fantastic Sams Franchise Corporation v. FSRO Association Ltd., the...more

8/17/2012 - Class Action Class Action Arbitration Waivers Class Arbitration Stolt-Nielsen

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