On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more
11/28/2023
/ Adverse Employment Action ,
Employee Misconduct ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
False Claims Act (FCA) ,
Hiring & Firing ,
Insubordination Policy ,
Protected Activity ,
Retaliation ,
Whistleblowers
As we reported in the first installment of our series on pay transparency, pay equity legislation continues to trend nationwide. While Part I focused on salary range disclosure legislation, in Part II, we highlight mandatory...more
11/27/2023
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
Important changes are coming to the Massachusetts Paid Family and Medical Leave law (PFML), which requires covered employers to provide eligible employees with paid time off for certain qualifying absences. First, the...more
On September 25, 2023, the United States Court of Appeals for the Eleventh Circuit clarified what a whistleblower plaintiff must allege to demonstrate they had a “reasonable belief” that their employer violated the...more
The first of the year brought with it new pay transparency obligations for employers in several states, including Rhode Island, California, and Washington. Halfway through the year, this type of legislation remains a focus...more
6/22/2023
/ Employees ,
Employer Liability Issues ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
Pay Discrimination ,
Pay Transparency ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
When the COVID-19 pandemic began in 2020, employers found themselves in uncharted territory – a new virus, public health emergency declarations, and legislation. Against this onslaught of emerging circumstances, the Equal...more
On April 19, 2023, in Gulden v. Exxon Mobil Corp., a federal district judge in New Jersey concluded that federal courts lack subject matter jurisdiction to enforce preliminary orders to reinstate former employees under the...more
The General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or “Board”), Jennifer Abruzzo, has opened the vault and released previously unseen Advice Memoranda from her Obama-era predecessor General Counsel...more
On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) continued its aggressive application of the National Labor Relations Act (“Act” or “NLRA”) to workplaces without union representation and lessened...more
On January 17, 2023, the U.S. Court of Appeals for the D.C. Circuit partially reversed and partially upheld a District Court decision that enjoined five rules promulgated by the National Labor Relations Board (“NLRB” or...more
Under the Biden Administration, the Securities and Exchange Commission has aggressively enforced its Whistleblower Program. As we previously reported here and here, the SEC has increased its focus on employers’ agreements or...more
In December 2022, New Hampshire opened enrollment to private employers in the Nation’s first voluntary paid family and medical leave insurance program, aptly named the Granite State Paid Family Leave Plan (Granite State Plan...more
While most people were wrapped up in the inevitable hustle and bustle of the holidays, Vermont Governor Phil Scott announced the Nation’s second voluntary paid family and medical leave program, the Vermont Paid Family and...more
On December 29, 2022, President Biden signed the Anti-Money Laundering Whistleblower Improvement Act (“the Act”) into law, overhauling the Anti-Money Laundering Act of 2020 (“AMLA”). When initially passed, the AMLA met with...more
On December 16, 2022, the National Labor Relations Board (”Board”) issued its decision in Bexar County II, which restricts the right of property owners to deny off-duty contract workers access to the property for the purpose...more
On December 14, 2022, the National Labor Relations Board (“Board”) issued a decision in American Steel Construction, Inc., reinstating its “overwhelming community of interest” Specialty Healthcare test that gave rise to...more
On November 1, 2022, in Dusel v. Factory Mutual Ins. Co., the First Circuit Court of Appeals held that “close temporal proximity” alone does not establish pretext as this evidence “must be considered alongside the . . ....more
On July 13, 2022, the Massachusetts Appeals Court signaled a victory for Massachusetts employers who rely upon independent contractors. In Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment, the Appeals Court...more