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
This week, the United States National Labor Relations Board (NLRB) issued a final rule modifying certain procedures relating to union representation elections. The rule, which will go into effect as of December 26, 2023,...more
With its decision in Valley Hospital Medical Center, the NLRB reversed its Trump-era precedent and held that dues checkoff provisions in collective bargaining agreements survive the expiration of the contract. Accordingly,...more
On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act. Among other things, the law prohibits discrimination based on “traits...more
Over the past decade, several Supreme Court decisions have made the enforcement of arbitration agreements much more likely, particularly in the employment context. On May 23, 2022, however, the Supreme Court issued a rare...more
As technological advances have given employers artificial intelligence (AI) based tools to assist them in the hiring process, New York City has taken note. Recently, New York City adopted a new measure restricting the use of...more
On October 28, 2021, the United States Department of Labor (DOL) announced a new rule affecting employers with tipped employees. The rule limits the circumstances under which employers may take a “tip credit” against an...more
11/1/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Labor Regulations ,
New Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On September 29, 2021, Massachusetts Governor Charlie Baker signed into law an extension to the Massachusetts COVID-19 Emergency Paid Sick Leave (“EPSL”) program. As we wrote about in detail..., the EPSL program requires...more
On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more
On May 28, 2021, Massachusetts Governor Charlie Baker signed into law legislation requiring all Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for certain reasons relating to...more
6/4/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Full-Time Employees ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Part-Time Employees ,
Sick Leave ,
State Labor Laws
On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more
5/14/2021
/ Biden Administration ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Trump Administration
UPDATE: The Biden administration has announced that the implementation of this rule will be delayed by 60 days to provide for further review. Originally scheduled to go into effect on March 1, 2021, the rule now has an...more
On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule revising certain regulations under the Fair Labor Standards Act (FLSA) related to tipped employees. However, because of the timing of the new rule,...more
12/30/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
New Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were...more
On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more
Since the beginning of the COVID-19 pandemic, U.S. employers have struggled with how to address the unanticipated ramifications of the pandemic while at the same time meeting their obligations under federal labor law. ...more
8/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hazard Pay ,
Layoffs ,
NLRB ,
Paid Leave ,
Retaliation ,
Sick Leave ,
Unfair Labor Practices ,
Unions ,
Wrongful Termination
On July 21, 2020, the National Labor Relations Board simplified its legal standard for determining whether an employer violates the National Labor Relations Act when it disciplines employees for engaging in abusive conduct...more
On June 18, 2020, the U.S. Occupational Safety and Health Administration (OSHA) released a new publication entitled Guidance on Returning to Work. The Guidance contains recommendations regarding best practices for employers...more
On May 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2020 EEO-1 data collection period previously scheduled for later this year will be delayed until 2021 due to the ongoing COVID-19...more
In Massachusetts, a commission is a wage subject to the Wage Act when the amount of the commission “has been definitely determined and has become due and payable.” Accordingly, an employer’s failure to pay a commission which...more
Over two years ago, in our annual year in preview series, we noted that while only three states had passed laws specifically dealing with the protection of biometric information, other states were considering following their...more
Last week, the United States Department of Labor (“DOL”) announced a rule clarifying the types of compensation that should be included when determining an employee’s “regular rate” of pay for the purpose of calculating...more
Editors’ Note: This is the third in our fourth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Our previous entries discussed the CCPA and threats to the energy grid....more
12/18/2019
/ Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
No-Deal Brexit ,
Personal Data ,
Popular ,
Trade Agreements ,
UK ,
UK Brexit
Last week, in Velox Express, Inc., the National Labor Relations Board (NLRB) answered what had been a long-standing open question under federal labor law, ruling that the misclassification of employees as independent...more
Local governments may not be in the headlines as much as their state and federal counterparts, but last week saw local governments getting their turn on the news. In politics, the Democratic presidential primary debates saw a...more