In a rare win for Massachusetts employers, the Supreme Judicial Court just ruled that employers generally have no obligation to allow employees to continue accruing benefits, such as seniority, vacation, and sick time, while...more
The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more
9/12/2024
/ Appearance Policy ,
Corporate Counsel ,
Dress Codes ,
Employee Rights ,
Employment Policies ,
First Amendment ,
Free Speech ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Political Campaigns ,
Political Expression ,
Political Speech ,
Presidential Elections ,
Social Media Policy
Voters will be deciding more than just who will capture the White House and Congress this Election Day – they’ll also be voting on a slew of state ballot measures that could change your workplace. How can you prepare? Read...more
A Japanese supermarket chain is getting attention for implementing an AI tool called “Mr. Smile” that monitors workers for the quality and quantity of their smiles when interacting with customers, raising questions around the...more
Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more
8/15/2024
/ Coaches ,
Colleges ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
New Rules ,
Over-Time ,
Salaried Employees ,
Universities ,
Wage and Hour
Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more
8/14/2024
/ Colleges ,
Consent ,
Educational Institutions ,
Employment Policies ,
Employment Records ,
FERPA ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Personally Identifiable Information ,
School Policies ,
Student Employees ,
Student Privacy ,
Student Records ,
Union Request for Information ,
Unions ,
Universities
The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more
The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more
SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more
7/18/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Due Process ,
NLRA ,
NLRB ,
Popular ,
Right to a Jury ,
Separation of Powers ,
SpaceX ,
Unfair Labor Practices
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more
7/12/2024
/ College Athletes ,
Colleges ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
Over-Time ,
Student Athletes ,
Universities ,
Wage and Hour
Uber and Lyft just reached a $175 million settlement with Massachusetts state prosecutors that permits their drivers to stay classified as independent contractors – not employees – but entitles the drivers to significant...more
The Massachusetts Appeals Court just rendered a decision that significantly broadens when one entity may be found to be a “joint employer” of another entity’s employees under state wage laws. The June 13 decision, coupled...more
Massachusetts voters will decide this November whether employers may continue taking a “tip credit” and paying tipped employees below the state’s standard minimum wage. While restaurant industry representatives fought to keep...more
The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more
6/14/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
Injunctive Relief ,
Labor Disputes ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Reinstatement ,
SCOTUS ,
Starbucks ,
Starbucks Corp. v McKinney ,
Statutory Interpretation ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The National Collegiate Athletic Association is on the verge of settling a major antitrust lawsuit that may radically alter the equation when it comes to student-athlete employment. The pending settlement in House v. NCAA...more
5/28/2024
/ Antitrust Litigation ,
Back Pay ,
College Athletes ,
Colleges ,
Compensation ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Over-Time ,
School Sports ,
Student Athletes ,
Universities ,
Wage and Hour
In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more
4/18/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
NLRB ,
Oral Argument ,
Preliminary Injunctions ,
Starbucks ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The new union representation process installed by the National Labor Relations Board unsurprisingly led to an astronomical increase in election petitions filed in the first half of FY 2024. The Labor Board also saw a...more
When Taylor Swift revealed the track list for “The Tortured Poets Department” – a new album she’ll release on April 19 – fans immediately began theorizing about what might have inspired each song. While your #FPSwifties live...more
4/12/2024
/ Ban the Box ,
Employee Benefits ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Notice Requirements ,
Recruitment Policies ,
Remote Working ,
Wage and Hour ,
Workplace Romances
While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map...more
A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more
In an eleventh-hour decision, a federal court judge in Texas just struck down the Labor Board’s controversial joint employer rule right before it was set to take effect on Monday. The NLRB had aimed to make it far easier for...more
The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more
2/23/2024
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRB ,
Political Expression ,
Political Speech ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Uniforms
Love is in the air on Valentine’s Day – and according to recent research, it has likely found its way to your workplace. Even with the rise of remote work, office romances are commonplace, which illustrates the importance of...more
The coming election year promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that...more
1/15/2024
/ Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
First Amendment ,
Free Speech ,
Political Campaigns ,
Political Candidates ,
Political Contributions ,
Political Expression ,
Primary Elections ,
Protected Concerted Activity ,
Social Media Policy ,
Voting Leave