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Massachusetts Enacts New Wage Disclosure Requirements for Employers

On July 31, 2024, Massachusetts Governor Maura Healy, in an effort to increase transparency in pay, signed into law wage equity legislation that imposes new disclosure requirements on Massachusetts-based employers. The...more

EEOC Releases Updated Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more

FTC Issues Final Rule Banning Non-Compete Clauses Nationwide

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule prohibiting non-compete clauses in all agreements between employers and their workers. This controversial ban comes one year and six months after...more

Supreme Court Clarifies When Job Transfers Can Serve as a Basis for Title VII Claims

On April 17, 2024, the Supreme Court issued a unanimous decision in Muldrow v. St. Louis that rejected a heightened injury standard for Title VII claims based on job transfers and held that employees alleging discrimination...more

Supreme Court Ruling Eases Standard for Proving Whistleblower Retaliation Claims

On February 8, 2024, the Supreme Court of the United States clarified the standard for proving causation under the whistleblower protection provision of the Sarbanes-Oxley Act (the “Act”), easing the burden of proof employees...more

U.S. Department of Labor Issues New Independent Contractor Rule

The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more

NYC Enacts Law Prohibiting Discrimination Based on Height and Weight

On November 22, 2023, New York City’s law banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and/or weight went into effect. The law, signed on May 26, 2023 by...more

New York Restricts Employer Access to Employee Social Media Accounts

On September 14, 2023, New York Governor Kathy Hochul signed a new law (A.836) that prohibits employers from requesting or requiring that employees or job applicants disclose the log-in information to their personal social...more

New York Imposes Restrictions on Political and Religious Meetings in the Workplace

On September 6, 2023, New York Governor Kathy Hochul signed a new law (A6604 / S4982) that prohibits New York employers and employment agencies from discriminating or retaliating against employees who refuse to attend...more

NLRB Protects Solo Worker Protests as “Concerted Activity” Under Federal Labor Law

On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more

NLRB Upends 50 Years of Precedent, Narrows Employer Options for Secret Ballot Elections in Union Organizing Campaigns

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex...more

EEOC Proposes Regulations for Implementing the Pregnant Workers Fairness Act

On August 7, 2023, the EEOC issued a Notice of Proposed Rulemaking containing its proposed regulations for implementing the PWFA. The PWFA was signed into law by President Biden on December 29, 2022 and went into effect on...more

The NLRB Sets New Standard for Evaluating Employer Policies

On August 2, 2023, the NLRB issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) which adopts a new legal standard for evaluating whether employer workplace policies violate the NLRA. The decision supplants a more...more

COVID-19-Related Form I-9 Flexibilities End on July 31, 2023

When hiring employees, employers must verify employees’ identities and employment authorizations and record their verification on Form I-9. Federal law requires that employers complete Section 2 of the Form I-9 by physically...more

U.S. Supreme Court Toughens Religious Accommodation Standard Under Title VII

On June 29, 2023, the Supreme Court of the United States revisited an employer's obligation to provide religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), heightening the standard employers...more

Massachusetts Supreme Judicial Court Clarifies “Cat’s Paw” and “Stray Remarks” Doctrines in Employment Discrimination Cases

The Massachusetts Supreme Judicial Court’s (“SJC”) decision in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023) concerned the age discrimination claim of a plaintiff who was 54 years old when he was laid off by...more

How Employers Can Prepare for NYC’s Regulation of Artificial Intelligence Tools

On July 5, 2023, the New York Department of Consumer and Workplace Protection (“DCWP”) will begin enforcing NYC Law 144, which regulates the use of AI-driven hiring tools, referred to as Automated Employment Decision Tools...more

NLRB’s General Counsel Takes Aim at Employee Non-Competes in Recent Memo

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo explaining her view that, except in limited circumstances, employee non-competition agreements violate the Act. While the memo only reflects General Counsel...more

NLRB General Counsel Offers Guidance on Severance Agreements

On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb providing that employers violate federal labor law when they require employees to sign severance agreements...more

Silicon Valley Bank: Preparing for Monday

Just before noon on Friday March 10, 2023, Silicon Valley Bank (SVB) was shut down by the California Department of Financial Protection and Innovation and the Federal Deposit Insurance Corporation (FDIC) was named as the...more

Silicon Valley Bank: Recent Developments

We have received a number of inquiries from clients regarding Silicon Valley Bank’s (SVB) recent shut down by the California Department of Financial Protection and Innovation and the FDIC being named as the receiver. This is...more

NLRB Restricts the Use of Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements

On February 21, 2023, the NLRB issued a decision significantly restricting employers’ use of non-disparagement and confidentiality provisions in its agreements with its non-supervisory employees. As a result of the decision,...more

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

President Biden Signs New Workplace Protections for Pregnant Workers & Nursing Parents Into Law

On December 29, 2022, President Biden signed two bills into law aimed at enhancing protections for pregnant and nursing parents in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal...more

New York Will Require Employers to Disclose Salary Ranges for All Advertised Jobs and Promotions

On December 21, 2022, New York Governor Kathy Hochul signed a statewide pay transparency measure into law. The new law, which goes into effect on September 18, 2023, requires covered employers and employment agencies to list...more

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