Jennifer Duke

Jennifer Duke

Foley Hoag LLP

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U.S. Department of Labor Proposes to Change Rule Regarding Who Is a Same-Sex Spouse under the FMLA

On Friday, June 20, 2014, the U.S. Department of Labor (“DOL”) announced its intention to change the regulatory definition of who is a “spouse” for purposes of the Family Medical Leave Act (“FMLA”). The impetus for the...more

6/27/2014 - DOL DOMA Employer Liability Issues FMLA OMB Same-Sex Marriage SCOTUS US v Windsor

NLRB Drops Its Pursuit of Notice-Posting Rule

The National Labor Relations Board recently announced that it would not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions that struck down its proposed union poster rule. The rule, originally announced by...more

1/14/2014 - Employee Rights NLRA NLRB Notice Requirements SCOTUS

SJC Holds that Massachusetts Wage Act Is Not Intended to be Sole Remedy for Recovery of Unpaid Wages Under State Law

On August 12, 2013, the Supreme Judicial Court (SJC) held in Lipsitt v. Plaud that the Massachusetts Wage Act is not intended to be the sole remedy for the recovery of unpaid wages under state law. The Court concluded that...more

8/20/2013 - Attorney's Fees Breach of Contract Damages Preemption Unpaid Wages Wage Act Wage and Hour

Massachusetts Supreme Judicial Court Holds That Chapter 151B Prohibits Associational Discrimination

On July 19, 2013, the Massachusetts Supreme Judicial Court (SJC) held in Flagg v. AliMed, Inc. that a non-disabled employee can sue his employer for disability discrimination under Chapter 151B, the state anti-discrimination...more

7/23/2013 - Anti-Discrimination Policies Associational Retaliation Disability Disability Discrimination Employer Liability Issues

Massachusetts Appeals Court Takes Expansive View of Retaliation Under the Wage Act

In Fraelick v. PerkettPR, Inc., the Massachusetts Appeals Court recently held that an employee had a claim for retaliation under the Massachusetts Wage Act, despite that her underlying complaint was not about wages. In that...more

6/13/2013 - Anti-Retaliation Provisions Retaliation Wage Act Wages

EEOC’s New Strategic Enforcement Plan Highlights Emphasis on Systemic Discrimination Cases

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) adopted a new Strategic Enforcement Plan (SEP) setting forth its priorities and methods of enforcement for the next 4 years. ...more

1/17/2013 - Compensation & Benefits Discrimination EEOC Hiring & Firing Recruitment Policies Retaliation Strategic Enforcement Plan

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