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Nationwide Injunction Issued Preventing New Overtime Rule from Taking Effect

..A federal court in Texas has issued a nationwide injunction preventing the implementation of the Department of Labor’s “Final Rule” increasing the minimum salary for most of the so-called “white collar” exemptions from the...more

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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