Holland & Knight LLP

MA Issues Regulations on Earned Sick Time for Student Workers and Faculty - Attorney General's Office Releases Final Regulations That Clarify Earned Sick Leave Policies

The Massachusetts Earned Sick Time Law (M.G.L. ch. 149, §148C), takes effect today, July 1, 2015. In broad terms, the law obligates covered Massachusetts employers to provide certain paid sick leave benefits to covered…more
| Education, Labor & Employment Law

DOL Raises Pay for Some Exempt Status Employees - Employers Will Need to Pay Overtime Wages to More White Collar Employees

On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL…more
| Labor & Employment Law

Attorney General Provides Final Regulations for MA Earned Sick Time Law

New Regulations Offer Guidance to Employers to Ensure Sick Time Policies Comply with the Law - The Massachusetts Attorney General’s Office released final regulations concerning the Massachusetts Earned Sick Time Law…more
| Labor & Employment Law

CFPB Report Addresses Need for a Compliance Management System

The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices. HIGHLIGHTS: - The Consumer Financial Protection Bureau (CFPB) issued…more
| Education, Finance & Banking, Consumer Protection, Real Estate - Residential

Fair Housing Act Prohibits Policies and Practices Causing a Disparate Impact - Housing Policies and Practices Must Be "Necessary to Achieve a Valid Interest"

On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there is…more
| Civil Procedure, Civil Rights, Finance & Banking, Real Estate - Residential, Taxation

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated with Inclusionary Housing Requirements Can Determine the Economic Feasibility of a Project

In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s…more
| Civil Procedure, Constitutional Law, Construction Law, Zoning, Planning & Land Use, Real Estate - Residential

Trustees Beware: Which Fiduciary Standard Applies to Your “Business Judgments”?

To what legal standard must a trustee adhere when he or she also participates in the control of a family or closely held business? Courts continue to grapple with this question. The high courts in both Georgia and Nebraska have…more
| Business Organizations, Wills, Trusts, & Estate Planning

Colorado Supreme Court Upholds Termination of Medical Marijuana User - A Trend Is Beginning for Courts to Permit Employers to Discharge Employees for Off-Duty Use of Marijuana Allowed by State Law

In Coats v. Dish Network, the Colorado Supreme Court held that the state’s “lawful activities” statute did not limit the right of an employer to discharge an employee for the employee’s lawful (under Colorado law) use of…more
| Conflict of Laws, Labor & Employment Law

Reminder for California Employers: Paid Sick Leave Effective July 1, 2015 - Both Non-Exempt and Exempt Employees Are Covered by the Healthy Workplaces, Healthy Families Act of 2014

On July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 takes effect. Given the fast-approaching deadline for compliance, this is a reminder about the new law and its requirements. The highlights of the…more
| Labor & Employment Law

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate in…more
| Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law, Zoning, Planning & Land Use

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the Reference to the GINA Act

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the…more
| Civil Rights, Health, Labor & Employment Law, Military Law, Privacy

New 2015 Laws Update Data Breach and Identity Theft in Washington and Oregon - Both States Set New Requirements for Notifying Consumers When a Data Breach Compromises Personal Information

Washington and Oregon both recently updated laws that define data security and incident response requirements for breaches of consumers’ personal information. Details of these new requirements for each state are…more
| Elections & Politics, Finance & Banking, Privacy, Health, Science, Computers, & Technology

Transit Dis-Oriented Development?

Over the last decade-and-a-half, Massachusetts, particularly eastern Massachusetts, has begun to truly embrace the tenets of transit oriented development (TOD). After some fits and starts, our state, once viewed as somewhat of a…more
| Real Estate - Commercial, Transportation, Zoning, Planning & Land Use

Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To Federal Regulation

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United States”…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use

Supreme Court Ruling Highlights Risks for Employers at Interview - Plaintiff Can Prove Title VII Claim by Showing That Employer Suspected Applicant Required Religious Accommodation

The United States Supreme Court issued an 8-1 ruling in favor of the Equal Employment Opportunity Commission (EEOC) in EEOC v. Abercrombie & Fitch Stores, Inc.The Court ruled that Abercrombie violated Title VII by refusing to…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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