Robert A. Fisher

Robert A. Fisher

Foley Hoag LLP

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EEOC Issues Final Rules on Employer Wellness Programs

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued two final rules describing how employer wellness programs must comply with Title I of the Americans with Disabilities Act (ADA) and Title II of the...more

5/21/2016 - ADA Affordable Care Act EEOC Employer Group Health Plans GINA HIPAA Incentives Privacy Concerns Wellness Programs

U.S. Department of Labor Releases Final Rule Revising “White Collar” Exemptions

On May 18, 2016, the U.S. Department of Labor (“DOL”) issued its final rule revising the so-called “white collar” exemptions under the Fair Labor Standards Act (“FLSA”). Most significantly, the rule raises the minimum salary...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

Supreme Judicial Court Reinstates Jury Verdict for Former Employee on FMLA Retaliation Claim

Last week’s Massachusetts Supreme Judicial Court (SJC) decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees’ rights under the federal Family and Medical Leave Act (FMLA)....more

3/14/2016 - Back Pay Corporate Counsel FMLA Front Pay Hiring & Firing Jury Verdicts MA Supreme Court Retaliation Termination

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

3/2/2016 - Burden of Proof Evidence Hiring & Firing Hospitals Jury Trial National Origin Discrimination Performance Reviews Physicians Pretext Race Discrimination Summary Judgment

SJC Finds that Employee’s Unauthorized Copying of Proprietary Information Did Not Give Employer Grounds to Discontinue Severance

On February 4, 2016, the Massachusetts Supreme Judicial Court (SJC) held in Eventmonitor, Inc. v. Leness that an employer breached its agreement with a former employee when it reclassified the employee’s termination from...more

2/10/2016 - Breach of Contract Corporate Counsel MA Supreme Court Materiality Non-Disclosure Agreement Proprietary Information Severance Pay Termination

EEOC Proposes Rule Requiring Employers to Report Wage Data on EEO-1 Form

Late last week, the Equal Employment Opportunity Commission (EEOC) proposed a rule that would require employers with 100 or more employees to report data concerning employee pay on an annual basis. The rule, designed to...more

2/8/2016 - Comment Period EEO-1 EEOC Pay Discrimination Proposed Regulation W-2 Wage and Hour

The Department of Labor Issues Guidance on Joint Employment

On January 20, 2016, the U.S. Department of Labor (DOL) issued an Administrator Interpretation regarding what arrangements will constitute joint employment under the Fair Labor Standards Act (FLSA). Under the FLSA, when an...more

1/23/2016 - Administrative Interpretation DOL Economic Realities Test Employer Liability Issues FLSA Guidance Update Joint Employers Popular Wage and Hour

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Recently, the National Labor Relations Board (NLRB) held that an employer violated Section 7 of the National Labor Relations Act (NLRA) by maintaining a policy that prohibited employees from making certain audio or video...more

1/12/2016 - Audio Recording Employee Privacy Rights NLRA NLRB Protected Concerted Activity Section 7 Video Recordings Whole Foods

Seventh Circuit Rejects EEOC’s Attack on Severance Agreements

On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the dismissal of a lawsuit by the EEOC against CVS Pharmacy, Inc. In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., the EEOC...more

12/23/2015 - Conciliation CVS Discrimination EEOC Failure To State A Claim Severance Agreements Termination Title VII

First Circuit Clarifies Remedies for Retaliation Under the Wage Act

On Tuesday, December 15, 2015, the United States Court of Appeals for the First Circuit issued a decision that addresses the potential remedies available under the Massachusetts Wage Act. In addition to requiring the timely...more

12/21/2015 - Employer Liability Issues Retaliation Treble Damages Wage Act Wrongful Termination

First Circuit Holds that Jury Can Decide Whether Store Managers Were Exempt from the Overtime Requirements of the FLSA

Last week, the U.S. Court of Appeals for the First Circuit reversed summary judgment to the employer, an operator of Dunkin’ Donuts stores, on claims by two former managers that they were improperly denied overtime under the...more

12/16/2015 - Corporate Counsel Dunkin' Donuts Exempt-Employees FLSA Primary Duty Test Question of Fact Unpaid Overtime

Company May Be Liable for Temporary Worker’s Discrimination Claims

A recent decision by the U.S. Court of Appeals for the Third Circuit, Faush v. Tuesday Morning, Inc., is a reminder that companies that utilize employees of staffing companies are not insulated from employment law claims. In...more

11/23/2015 - Joint Employers NLRB Staffing Agencies Temporary Employees Title VII

National Labor Relations Board Issues Controversial Decision Regarding Who is A Joint Employer

One of the most fundamental concepts under federal labor law is identifying who is the employer. Under the National Labor Relations Act, “the employer” has a duty to bargain with the union representing its employees, is bound...more

8/31/2015 - Collective Bargaining Franchises Joint Employers Labor Disputes NLRA NLRB Staffing Agencies Subcontractors

Office of the Attorney General Issues Final Regulations on the Massachusetts Earned Sick Time Law

On June 19, 2015, the Office of the Attorney General issued final regulations relating to the Massachusetts Earned Sick Time law, which takes effect on July 1, 2015. The law requires all employers to provide up to 40 hours of...more

6/24/2015 - Earned Sick Time Paid Leave Parental Leave Sick Leave Wage and Hour

Attorney General Clarifies Safe Harbor Under Earned Sick Time Law

On Wednesday, June 10, 2015, the Office of the Attorney General issued additional guidance clarifying the “safe harbor” to the Massachusetts Earned Sick Time (“EST”) law it announced on May 18, 2015. Specifically, the new...more

6/12/2015 - Earned Sick Time Paid Leave Paid Sick Leave Act PTO Safe Harbors Sick Leave

Attorney General Announces 6-Month “Safe Harbor” Under Earned Sick Time Law

On Monday, May 18, 2015, the Office of the Attorney General announced a “safe harbor” for some employers under the Massachusetts Earned Sick Time Law. Specifically, the Attorney General has determined that for the so-called...more

5/19/2015 - Earned Sick Time Paid Leave PTO Sick Leave

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

4/30/2015 - Conciliation Corporate Counsel Judicial Review Mach Mining v EEOC SCOTUS

Massachusetts Attorney General Issues Proposed Regulations Regarding Earned Sick Time Law

On April 24, 2015, the Massachusetts Office of the Attorney General issued proposed regulations regarding the Earned Sick Time law. The law, which was passed by voters on November 4, 2014 and takes effect on July 1, 2015,...more

4/28/2015 - Earned Sick Time Paid Sick Leave Act Sick Leave

Massachusetts SJC Rules that Taxicab Drivers Are Independent Contractors Under the Wage Act

On April 21, 2015, the Massachusetts Supreme Judicial Court (SJC) held in Sebago, et al. v. Boston Cab Dispatch, Inc., et al., that taxicab companies may classify taxicab drivers as independent contractors. The plaintiffs in...more

4/24/2015 - Employee Definition Independent Contractors Taxi Cabs Wage and Hour

Massachusetts Supreme Judicial Court Clarifies the Lawfulness of No Tipping Policies

On April 10, 2015, the Massachusetts Supreme Judicial Court held in Meshna v. Scrivanos that an employer may implement a no tipping policy for workers otherwise covered by the Massachusetts Tips Act (M.G.L. c.149, § 152A )....more

4/13/2015 - Employer Mandates Employment Policies Hospitality Industry MA Supreme Court Restaurant Industry Tipped Employees

Employing Workers in Massachusetts: A Guide for Emerging Companies

At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more

4/7/2015 - Best Management Practices Emerging Growth Companies Employer Liability Issues Entrepreneurs Hiring & Firing Human Resources Professionals Startups Wage and Hour

Supreme Court Sets New Standard Governing Employer’s Obligation to Accommodate Pregnant Workers

On March 25, 2015, the U.S. Supreme Court addressed an employer’s obligation to accommodate employees’ pregnancy-related job restrictions. In Young v. United Parcel Service, Inc., the Court recognized that employers who fail...more

3/27/2015 - PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Supreme Court Authorizes the DOL to Change its Interpretative Guidance without Public Input

On March 9, 2015, the U.S. Supreme Court unanimously held in Perez v. Mortgage Bankers Association, that the Department of Labor (DOL) may issue its interpretations of wage and hour regulations without seeking input from the...more

3/13/2015 - Administrative Procedure Act DOL FLSA Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc SCOTUS Statutory Interpretation Wage and Hour

New Parental Leave Law Expands the Massachusetts Maternity Leave Act

On January 7, 2015, one day prior to leaving office, Governor Deval Patrick signed into law the Parental Leave bill, which expands the scope of the Massachusetts Maternity Leave Act (“MLA”). The MLA provides female employees...more

1/12/2015 - Amended Legislation Deval Patrick Employer Liability Issues Maternity Leave Parental Leave Popular

National Labor Relations Board Issues Final Rule on So-Called “Quickie Elections”

On December 15, 2014, the National Labor Relations Board (“NLRB”) published a final rule regarding its handling of union representation petitions and the timing of elections. The new procedures, dubbed the “quickie election”...more

12/19/2014 - Ambush Election Rules Final Rules NLRB Union Elections Unions

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