Robert A. Fisher

Robert A. Fisher

Foley Hoag LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

NLRB Rules that Employees Have a Right to Use Employers’ Email Systems for Non-Business Purposes

In a 3-2 decision issued on December 11, 2014, the National Labor Relations Board (NLRB) held in Purple Communications Inc. that, in most circumstances, employees have a right to use employer email systems for non-business...more

12/14/2014

NLRB Rules that Employees Have a Right to Use Employers’ Email Systems for Non-Business Purposes

In a 3-2 decision issued on December 11, 2014, the National Labor Relations Board (NLRB) held in Purple Communications Inc. that, in most circumstances, employees have a right to use employer email systems for non-business...more

12/14/2014

Supreme Court Decides No Pay Owed for Amazon Warehouse Security Checks

On December 9, 2014, the U.S. Supreme Court unanimously held in Integrity Staffing Solutions, Inc. v. Busk, that Amazon warehouse employees were not entitled to pay for the time spent waiting to go through security checks at...more

12/12/2014 - Amazon FLSA Security Checks Wage and Hour Wages

Massachusetts Voters Approve Earned Sick Time Law

Yesterday, Massachusetts voters approved a ballot initiative that will mandate sick time for employees. Under the new law, which will take effect on July 1, 2015, employers must allow employees to accrue and use up to 40...more

11/6/2014 - Employee Rights Paid Leave Sick Leave

Massachusetts Enacts Domestic Violence Leave for Employees

On August 8, 2014, Governor Deval Patrick signed into law a bill relating to domestic violence. Among other provisions, the law creates a new category of job-protected leave for employees. Massachusetts employers with 50 or...more

8/13/2014 - Corporate Counsel Crime Victims Domestic Violence Employee Rights Unpaid Leave

U. S. Supreme Court Clarifies Fiduciaries’ Duty of Prudence Under ERISA In Connection with Employee Stock Ownership Plans

On June 24, 2014, a unanimous Supreme Court held in Fifth Third Bancorp v. Dudenhoeffer that fiduciaries to an employee stock ownership plan (“ESOP”) were not entitled to a presumption under the Employee Retirement Income...more

6/30/2014 - ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer Fifth Third Mortgage Company SCOTUS Stock Drop Litigation US Bancorp

45 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×