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DHS Ends Temporary Suspension of Form I-9 Physical Examination Requirements and Announces Alternative Verification Procedure and...

On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) announced multiple changes to the Form I-9 process. The changes narrow the circumstances in which employers may review I-9 documentation remotely....more

Supreme Court Establishes a New Standard for Assessing Proposed Religious Accommodations in the Workplace

The Supreme Court's unanimous June 29, 2023 decision in Groff v. DeJoy rejected the standard commonly used by courts in determining whether accommodating an employee's religious beliefs would constitute an "undue hardship"...more

President Trump Issues Executive Order 13950 To Combat Race And Sex Stereotyping/Scapegoating, And Imposes New Requirements On...

On September 22, 2020, President Trump issued Executive Order 13950, “on Combating Race and Sex Stereotyping,” prohibiting the federal government, companies with federal contracts, and recipients of federal grants from...more

Labor Cost Reduction Options for Employers in a Distressed Economy: The CARES Act and Other Considerations

Employers are considering whether to implement layoffs, furloughs or hours reductions in light of the economic uncertainty arising from the COVID-19 pandemic. This alert reviews significant considerations for employers that...more

DOL Proposes To Increase Salary Thresholds For Exempt White-Collar Employees

On March 7, 2019, the U.S. Department of Labor released its highly anticipated proposed rule to update the Fair Labor Standards Act’s overtime exemptions for executive, administrative, professional, and computer employees,...more

U.S. Supreme Court Approves Employment Arbitration Agreements with Class Action Waivers

On May 21, 2018, the U.S. Supreme Court upheld the enforceability of class action waivers in employment arbitration agreements in its Epic Systems v. Lewis decision. Because private arbitration is generally viewed as a...more

Massachusetts AG Issues Guidance on the Amended Massachusetts Equal Pay Act: Overview, Key Takeaways and Action Items

The Massachusetts Attorney General recently issued guidance concerning amendments to the Massachusetts Equal Pay Act, which will take effect on July 1, 2018. Employers of Massachusetts employees should prepare for the...more

Massachusetts Rules Medical Marijuana Use May Be a Reasonable Accommodation Under State’s Handicap Discrimination Statute

..The Massachusetts Supreme Judicial Court has determined that it may be a reasonable accommodation under the state anti-discrimination law for a handicapped employee to use medical marijuana, if certified by a physician,...more

Department of Justice Reverses Stance and Urges Supreme Court to Enforce Class Action Waivers in Employment-Related Arbitration...

The Department of Justice has reversed its stance and now urges the Supreme Court to enforce class action waivers in employment-related arbitration agreements. This increases the likelihood that the Supreme Court will side...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

Defend Trade Secrets Act Creates Federal Trade Secret Cause of Action with Enhanced Seizure Remedies; Employers Should Give Notice...

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, which immediately creates, for the first time ever, a federal civil cause of action for misappropriation of trade secrets. The DTSA adds a federal...more

Federal Agencies Issue Final Policy Statement Regarding Standards for Assessing Diversity Policies and Practices

On June 9, 2015, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Bureau of Consumer...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

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

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

DOL Issues Final Rule Revising Federal Contractors’ Reporting of Veteran-Related Employment and Hiring Statistics

The U.S. Department of Labor’s Veterans’ Employment and Training Service recently issued a Final Rule that revises reporting obligations to include aggregated veteran-related employment and hiring statistics, but excludes...more

DOL Proposes Rule That Would Require Federal Contractors to Submit Pay Data

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently proposed a rule that would require certain federal contractors to submit annual “Equal Pay Reports” providing summary data on...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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