Thomas Shirley

Thomas Shirley

Choate Hall & Stewart LLP

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District Court Holds That Pre-Employment Conduct Is Not Covered by Chapter 93A

What you need to know: The United States District Court of Massachusetts recently held that an executive could not pursue a claim against a former employer for alleged misrepresentations made during the course of his...more

2/12/2014 - Chapter 93A Hiring & Firing Misrepresentation Termination

NLRB Concedes Defeat on Notice Posting Rule, but Maintains Interest in Non-Unionized Workplaces and Union Organizing

What you need to know: The National Labor Relations Board recently announced it would not pursue Supreme Court review of two US Court of Appeals decisions striking down its proposed Notice Posting Rule. This rule...more

2/7/2014 - Employee Rights NLRB Notice Requirements Posting Requirements Unions

Exchange Notices Under the Affordable Care Act

What you need to know: Employers must distribute notices of public exchange coverage to employees by October 1, 2013 to ensure compliance with the Patient Protection and Affordable Care Act. ...more

9/20/2013 - Affordable Care Act Deadlines DOL FLSA Health Insurance Exchanges Healthcare Marketplace Notice

Treasury and IRS Issue Initial Guidance in Response to DOMA Decision

What you need to know: In response to the Supreme Court’s decision in United States v. Windsor that restricting the federal definition of marriage to heterosexual marriage is unconstitutional, the Department of the...more

9/13/2013 - 401k DOMA Employee Benefits ERISA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

Supreme Judicial Court Holds That Associational Disability Discrimination Claim is Valid Under Chapter 151B

What you need to know: The Massachusetts Supreme Judicial Court recently held that a former employee who claimed that he was fired because his employer did not want to pay for his disabled wife’s healthcare coverage...more

8/27/2013 - Associational Retaliation Disability Disability Discrimination Employer Liability Issues Healthcare

Employers Given an Extra Year to Comply with the Affordable Care Act’s Shared Responsibility and Reporting Mandates

What you need to know: Employers have been given an additional year to comply with the shared responsibility provisions (also known as the “play or pay mandate”) of the Patient Protection and Affordable Care Act. The...more

7/17/2013

Recent Conflicting Decisions Make It Potentially Easier and Harder to Enforce Non-Competition and Non-Solicitation Covenants

What you need to know: The enforceability of restrictive covenants continues to be a heavily litigated area in Massachusetts. Massachusetts courts recently issued three decisions relating to the enforceability of...more

7/10/2013 - Compliance Employment Contract Local Ordinance Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants

The Supreme Court Strikes Down DOMA: How the Ruling Will Impact Employers

What you need to know: The Supreme Court has ruled that the Defense of Marriage Act, a federal law defining "marriage" as "a legal union between one man and one woman," deprives same-sex spouses of the equal liberty that...more

7/1/2013 - Affordable Care Act COBRA DOL DOMA Employee Benefits Equal Protection ERISA FMLA Health Insurance Income Taxes IRS Retirement Plan Same-Sex Marriage SCOTUS US v Windsor

Appeals Court Strikes Down NLRB Posting Rule

What you need to know: A federal appellate court has struck down a National Labor Relations Board rule that required employers to post workplace notices informing employees of their rights under the National Labor...more

6/13/2013 - National Association of Manufacturers NLRB Posting Requirements

FMLA Coverage Expanded: Employers Should Update Policies, Forms and Postings

What you need to know: The US Department of Labor recently issued new regulations and guidance that expand coverage under the Family and Medical Leave Act for certain classes of employees. The key changes expand...more

2/25/2013 - FMLA Military Caregiver Leave Military Service Members

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