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Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful...

New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information. This sounds like a pretty standard...more

See No Evil, Hear No Evil: Third Circuit Finds Employer Not Liable for Tortious Interference Claim Where Employer had No Knowledge...

A few months ago, a three-member Third Circuit appellate panel in Acclaim Systems, Inc. v. Infosys, upheld a district court decision, which dismissed tortious interference claims against an employer for engaging with four...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

2016 Massachusetts Employment Law Year In Review

2016 Massachusetts Employment Law Year in Review - From case law interpreting one of, if not, the most employee-friendly independent contractor statute in the country to Beacon Hill’s efforts to pass non-competition...more

EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance...more

Negligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says...

The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a...more

Lawsuit by Algorithm, the Latest Big Data Rage

Algorithms and bots run our lives; we just may not know it. They help choose our music, buy our diapers and tell us when it’s time to change the water filter. Algorithms may someday determine when you or your company gets...more

9/13/2016  /  Algorithms , Big Data , Bots , Popular

Pescetarian’s Delight: Ninth Circuit Extends Non-Compete Term Beyond Contractual Period

Does this sound familiar: employee disregards a non-compete and joins a competitor; former company calls foul and initiates a lawsuit; parties fight it out, but by the time litigation has run its course, the non-compete...more

Employee’s Failure to Participate in Interactive Process in Good Faith is Fatal to ADA Accommodation Claim, Says Washington...

The Western District of Washington recently emphasized that the obligation under the Americans with Disabilities Act (“ADA”) to engage in good faith interactive dialogue when seeking an accommodation that will permit an...more

Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In...more

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

Chebotnikov v. LimoLink, Inc.: a Cautionary Tale Concerning the Use of Forum-Selection Clauses

At the end of last year, a federal court in Massachusetts found that a forum selection clause in an Iowa company’s standard form service-provider agreement did not apply to claims asserted under the Fair Labor Standards Act...more

One Particular (Safe) Harbor: Safe Harbor for Massachusetts Earned Sick Time Law Ends on December 31, 2015.

Massachusetts employers need to take heed that the safe harbor provision in the Earned Sick Time law ends on December 31, 2015. By the start of the New Year, Massachusetts employers will need to strictly comply with the Sick...more

Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists

A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act. A generic release contained in a settlement agreement won’t do...more

Mach Mining, LLC v. EEOC: Supreme Court Holds EEOC Conciliation Efforts are Subject to Limited Judicial Review

In a unanimous decision, the Supreme Court said that conciliation efforts by the Equal Employment Opportunity Commission are subject to limited judicial review. Justice Kagan authored the decision in Mach Mining, LLC v....more

Massachusetts Expands Its Leave Law to Cover Fathers

This past September, we discussed the practical and legal implication of changing attitudes towards parental leave for fathers. Following up on this theme, Massachusetts recently passed a law, the Massachusetts Parental Leave...more

Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment

Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses...more

11/7/2014  /  Big Data , Class Action , FCRA , LinkedIn , Popular

Use of Big Data in Recruiting and Screening Could Mean Big Problems for Employers

Recently, Allison Grande of Law360 reported on the warnings representatives from the FTC and EEOC provided to employers about using big data in the workplace at a panel hosted by the FTC. This post briefly explores those...more

Daddy Dearest?: Some Considerations Concerning Paid Parental Leave for Fathers in the United States

Recently I had a conversation with my father about his options for parental leave when I was born (1979). As a new father myself, I was curious what leave options were open to baby-boomer Dads. My father told me that it was...more

Massachusetts Becomes Latest State to Raise its Minimum Wage

Massachusetts is the latest state to take up the minimum wage mantel, as Governor Deval Patrick signed a law raising minimum wage in the state on June 26th. As we have discussed on this blog, there is a movement afoot...more

Minimum Wage Groundswell? Seattle, Others Raise Their Statutory Minimum Wage Rates

It’s official. The Seattle City Council has voted to raise Seattle’s minimum wage to $15 per hour by 2021. Is this the sign of groundswell? ...more

Malingering: Yes, it May Get You Fired

A recent submission in an advice column on Boston.com struck my eye and the scenario should be no surprise to the modern worker. A Massachusetts at-will worker decides to take a “mental health day” and calls in sick, despite...more

Hope Springs Eternal . . . Except for a Volunteer at Major League Baseball’s FanFest on the Losing End of a Wage and Hour Class...

In baseball, the beginning of spring means hope for fans of even the most hard luck teams. Unfortunately for one erstwhile fan, the first days of spring ushered in a dismissal of his putative wage and hour class action. The...more

4/10/2014  /  FLSA , Volunteers , Wage and Hour
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