Robert Hale

Robert Hale

Goodwin

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Update: Another SEC Enforcement Action on Whistleblower Waivers and Releases

Summary - Earlier this month, the U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts...more

8/22/2016 - Cease and Desist Confidentiality Agreements Dodd-Frank Enforcement Actions Fines Health Net Publicly-Traded Companies SEC Securities Exchange Act Severance Agreements Waivers Whistleblower Awards Whistleblowers

SEC Enforcement Expands Scope of Prohibited Provisions in Employment-Related Agreements

Summary - The U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts will discourage...more

8/16/2016 - Cease and Desist Orders Civil Monetary Penalty Confidentiality Agreements Dodd-Frank Employee Releases Enforcement Actions Remedies SEC Securities Violations Severance Agreements Whistleblower Protection Policies

Massachusetts Legislature Passes New Pay Equity Law

The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The...more

7/27/2016 - Affirmative Defenses Corporate Counsel Equal Pay Gender-Based Pay Discrimination Hiring & Firing Pay Equity Act (PEA) Private Right of Action Wage and Hour

DOL Issues Final Rule More Than Doubling FLSA Minimum Salary Level Required for Overtime Exemptions

Increase in Minimum Salary for Most Exemptions - On May 18, 2016, the Department of Labor (DOL) published its final rule concerning the minimum salary level necessary in most cases for an employer to qualify as exempt...more

5/20/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Misclassification Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

New Regulations Provide Needed Answers to Employers’ Questions Concerning the Massachusetts Earned Sick Time Law

On June 19, 2015, Massachusetts Attorney General Maura Healey issued long awaited regulations concerning the Massachusetts Earned Sick Time Law. The ESTL was enacted by a ballot initiative on November 4, 2014. The basic rule...more

6/24/2015 - Covered Employee Earned Sick Time Paid Leave PTO Sick Leave Wage and Hour

Massachusetts Attorney General Announces Safe Harbor for Earned Sick Time for 2015

In November 2014, Massachusetts adopted a new Earned Sick Time Law (ESTL) by a ballot initiative. An overview of the ESTL is in the Goodwin Procter Client Alert dated November 14, 2014....more

5/30/2015 - Attorney Generals Earned Sick Time Safe Harbors Sick Leave

SEC Applies Whistleblower Protections to Confidentiality Arrangements

Public companies should review their confidentiality arrangements for any provisions that may result in unintended violations of the Dodd-Frank Act’s whistleblower protections....more

4/16/2015 - Confidentiality Agreements Dodd-Frank EEOC Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) NLRB General Counsel Rule 21F SEC Whistleblower Protection Policies Whistleblowers

Supreme Court Clarifies Framework for Proving Discrimination Under the Pregnancy Discrimination Act

The Supreme Court recently clarified the framework that applies to certain claims for accommodations under the Pregnancy Discrimination Act (the “PDA”). The case, Young v. United Parcel Service, Inc., was a partial victory...more

4/3/2015 - ADA Disparate Treatment EEOC Enforcement Guidance PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Supreme Court Ruling Validates DOL’s 2010 Interpretation Regarding FLSA Status of Mortgage-Loan Officers

The Supreme Court recently rejected a challenge to the validity of a 2010 interpretation by the U.S. Department of Labor (the “DOL”), which had concluded that the administrative exemption of the Fair Labor Standards Act...more

3/19/2015 - DOL FLSA Legal History Mortgage Loan Officer Perez v Mortage Bankers Assoc SCOTUS Statutory Interpretation Wage and Hour

Parental Leave Act Amends Massachusetts Maternity Leave Act

On January 7, 2015, then-Massachusetts Governor Deval Patrick signed into law An Act Relative to Parental Leave (the Parental Leave Act or the PLA), which amends the Massachusetts Maternity Leave Act (the MMLA). The PLA will...more

2/2/2015 - Amended Legislation Deval Patrick Employer Mandates Parental Leave

New York Employers Are No Longer Obligated to Provide Annual Wage Notices to Existing Employees

Effective this year, employers no longer need to provide annual wage notices to their New York employees. Employers must, however, continue to provide such notices to employees at the time of hire....more

1/9/2015 - Andrew Cuomo Annual Notices New Legislation Posting Requirements Wage and Hour

Massachusetts Ballot Measure Passes Requiring Paid Sick Time for Employees

On November 4, 2014, Massachusetts voters approved a ballot measure that will require covered employers to allow employees to earn at least one hour of paid sick time (“Sick Time”) for every 30 hours worked, up to a maximum...more

11/18/2014 - Employee Rights New Legislation Paid Leave Sick Leave

Massachusetts Attorney General Issues Guidance on Domestic Violence Leave Act

The Massachusetts Attorney General recently issued an Advisory and other guidance on a new Massachusetts law, known as the Domestic Violence Leave Act (the “DVLA”). The Attorney General’s guidance confirms the basic...more

11/18/2014 - Domestic Violence Employee Rights Leave of Absence New Legislation

EEOC Issues Enforcement Guidance on Pregnancy Discrimination Act and Its Application to the ADA

The EEOC recently issued new guidance on the Pregnancy Discrimination Act. The guidance provides the agency’s interpretation of the Pregnancy Discrimination Act and the application of the Americans with Disabilities Act to...more

7/25/2014 - ADA Discrimination EEOC Employer Liability Issues Enforcement Guidance Pregnancy Discrimination Reasonable Accommodation Young v United Parcel Service

Governor Patrick Proposes Bill to Ban Certain Non-Competes in Massachusetts but Preserve Enforceability of Other Restrictive...

Last week, Massachusetts Governor Deval Patrick proposed legislation that would ban certain non-competition provisions in agreements with employees and independent contractors. Certain other important restrictive covenants,...more

4/16/2014 - Corporate Counsel Independent Contractors Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants

In Lawson, Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

On March 4, 2014, in Lawson v. FMR, the U.S. Supreme Court ruled that a public company’s private contractors can be covered under the whistleblower protections of Section 806 of the Sarbanes-Oxley Act. The Supreme Court’s...more

3/17/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

Proposed OSHA Workplace Data Program Could Lead to More Targeted Employer Inspections

OSHA has issued a proposed regulation that, for the first time ever, would require certain employers to submit workplace injury and illness data directly to OSHA in electronic format. After being submitted, the data would...more

1/8/2014 - Compliance Inspections OSHA Recordkeeping Requirements Reporting Requirements Safety Inspections Workplace Injury

In Harnett, First Circuit Rejects Bright Line "First Contact" Rule for Non-Solicitation Agreement

In a decision involving the “first contact” rule with respect to non-solicitation agreements, the First Circuit, in Corporate Technologies v. Harnett, rejected a bright line application and upheld a ruling of tortious...more

11/1/2013 - Bright-Line Rule Hiring & Firing Non-Solicitation Agreements Restrictive Covenants

DOL Expands Affirmative Action Requirements for Government Contractors and Subcontractors Hiring Veterans and Disabled Individuals

The Department of Labor has issued new regulations requiring government contractors and subcontractors to engage in affirmative action for veterans and disabled individuals. Under the new DOL rules, covered entities must,...more

9/18/2013 - Affirmative Action Disability Hiring & Firing OFCCP Veterans

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