In light of the new administration’s focus on immigration-related issues, many employers are seeking guidance on how to best prepare for a potential U.S. Immigration and Customs Enforcement (ICE) raid. Employers are wise to...more
On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more
Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to...more
In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute. The SJC held that the...more
On June 12, U.S. District Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas upheld a policy established by Houston Methodist Hospital that requires employees to be vaccinated against...more
6/15/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more
3/10/2021
/ Agricultural Sector ,
Agricultural Workers ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Collective Bargaining ,
Decriminalization of Marijuana ,
Exemptions ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Union Organizers ,
Unions ,
Wage and Hour
With the FDA’s recent approval of Pfizer-BioNTech’s COVID-19 vaccine, the FDA’s Vaccines and Related Biological Products Advisory Committee’s Advisory Council’s scheduled vote of today on the use of Moderna’s COVID-19 vaccine...more
The Occupational Health and Safety Administration (“OSHA”) has issued a flurry of citations against employers over the past month related to COVID-19. As businesses reopen and workers return to their workplaces, OSHA’s...more
On May 18, 2020, Governor Baker outlined a Four Phase Reopening Plan for Massachusetts. Beginning on May 25, 2020, certain businesses – including manufacturing, construction, laboratories, hair salons, and general office...more
On May 22, 2020, the Treasury Department and SBA issued two new Interim Final Rules applicable to the Paycheck Protection Program (PPP), one primarily focused on details related to the forgiveness calculation and one...more
Earlier this week, the Department of Labor issued additional guidance on the unemployment benefits modifications contained in the CARES Act. This guidance includes Questions and Answers that directly address employers’...more
With the spate of high-profile companies receiving public backlash after obtaining loan proceeds from the Paycheck Protection Program (PPP), on April 23 the SBA added item #31 (followed by item #37 on April 28) to its...more
The U.S. Department of Labor issued a Temporary Rule on April 1 providing further guidance with respect to the paid leave available under the Families First Coronavirus Response Act (the “FFCRA”). ...more
The U.S. Department of Labor has supplemented its guidance on the Families First Coronavirus Response Act by posting on its website a model notice that employers must display in the workplace to inform employees of their...more
Employers across the United States continue to respond to and implement guidance from public health authorities to mitigate the spread of COVID-19. Both the rapid spread of the virus and the prolonged incubation period...more
3/23/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Response ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Sick Employees ,
Sick Leave ,
State of Emergency ,
Virus Testing ,
Wage and Hour ,
WARN Act
As expected, the US Department of Labor issued a new final rule on FLSA overtime exemptions this week. The final rule raises the minimum salary for the executive, professional, administrative, and computer employee exemptions...more
Nutter Partner David Rubin recently contributed an article to Massachusetts Lawyers Weekly that analyzed the Massachusetts Noncompetition Agreement Act. In the article, “Thorny Questions, Issues Emerging as Noncompete Act...more
In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more