Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more
4/10/2025
/ Appeals ,
Constitutional Challenges ,
Employment Litigation ,
Executive Authority ,
Judicial Authority ,
Judicial Review ,
Labor Relations ,
NLRA ,
NLRB ,
Quorum ,
Reinstatement ,
Removal ,
SCOTUS ,
Stays ,
Termination ,
Trump Administration
As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more
12/12/2024
/ Affirmative Action ,
Agricultural Sector ,
Analytics ,
Artificial Intelligence ,
California ,
Car Dealerships ,
Construction Industry ,
Construction Workers ,
Cybersecurity ,
Data Privacy ,
Educational Institutions ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
International Labor Laws ,
Labor Reform ,
Labor Relations ,
Manufacturing Employers ,
Mexico ,
Non-Compete Agreements ,
Pay Equity Laws ,
Professional Employer Organization ,
Retailers ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
Student Athletes ,
Technology Sector ,
Trade Secrets ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more
6/14/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
Injunctive Relief ,
Labor Disputes ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Reinstatement ,
SCOTUS ,
Starbucks ,
Starbucks Corp. v McKinney ,
Statutory Interpretation ,
Unfair Labor Practices ,
Union Organizers ,
Unions
In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more
4/18/2024
/ Corporate Counsel ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
NLRB ,
Oral Argument ,
Preliminary Injunctions ,
Starbucks ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more
2/23/2024
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRB ,
Political Expression ,
Political Speech ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Uniforms
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
Colleges ,
Construction Industry ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
E-Verify ,
Educational Institutions ,
EEO-1 ,
Electronic Records ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Highly Compensated Employees ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
International Labor Laws ,
Joint Employers ,
Jury Verdicts ,
L-1 Visas ,
Labor Reform ,
Labor Relations ,
Labor Shortage ,
Manufacturing Employers ,
Mergers ,
Mexico ,
Name and Likeness ,
New Legislation ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Over-Time ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Payroll Taxes ,
Privacy Laws ,
Professional Employer Organization ,
Proposed Rules ,
Recordkeeping Requirements ,
Recruitment Policies ,
Remote Working ,
Reporting Requirements ,
Restaurant Industry ,
Restrictive Covenants ,
Retirement Plan ,
Salaried Employees ,
Scheduling Letters ,
School Districts ,
School Policies ,
SCOTUS ,
SECURE Act ,
Severance Agreements ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
State of Emergency ,
Student Athletes ,
Student Loans ,
Students ,
Tip Credit ,
Title IX ,
Trade Secrets ,
Transgender ,
Union Organizers ,
Unions ,
Universities ,
USCIS ,
Wage and Hour ,
Workplace Safety ,
Workplace Violence
The Massachusetts Supreme Judicial Court (SJC) held yesterday that local Grubhub delivery drivers are not exempt from the Federal Arbitration Act (FAA), and those workers can be compelled to individually arbitrate their...more
7/28/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
GrubHub ,
Interstate Commerce ,
MA Supreme Judicial Court ,
Non-Exempt Employees ,
Wage and Hour
The Massachusetts Supreme Judicial Court just held that 7-Eleven franchisees may be employees of 7-Eleven under Massachusetts wage and hour law. The March 24 decision in Dhananjay Patel v. 7-Eleven, Inc. will have significant...more
3/28/2022
/ 7-Eleven ,
ABC Test ,
Employees ,
Employment Litigation ,
Franchise Agreements ,
Franchises ,
Franchisors ,
FTC Franchise Rule ,
Independent Contractors ,
MA Supreme Judicial Court ,
Misclassification ,
Owner-Operators ,
Wage and Hour
Massachusetts is one of handful of states to have adopted the stringent “ABC” test for determining whether a worker is an independent contractor or employee. That has made it one of the most fertile battlegrounds over this...more
1/28/2022
/ ABC Test ,
Ballot Measures ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Lyft ,
Misclassification ,
State Attorneys General ,
Uber ,
Wage and Hour
The Massachusetts Supreme Judicial Court just provided much-needed and helpful guidance on the appropriate standard for determining whether an entity is an individual’s “joint employer” in order to determine liability under...more
The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more
9/3/2021
/ Anti-Retaliation Provisions ,
Domestic Violence ,
Employer Liability Issues ,
Employment Litigation ,
Former Employer ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Job Offers ,
Leave of Absence ,
MA Supreme Judicial Court ,
Retaliation ,
State Labor Laws
An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...more
6/16/2020
/ Age Discrimination ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Earned Sick Time ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Infectious Diseases ,
National Origin Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Retaliation
A terminated Kroger Co. distribution center worker has just sued the grocery store giant over its handling of absences for what she alleges were COVID-19 symptoms. The most interesting aspect of this claim is that the...more
One month into Massachusetts’ new non-competition law, employers throughout the Commonwealth are learning what many predicted from the beginning—there are a lot more questions than answers. As Fisher Phillips previously...more
11/1/2018
/ Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Garden Leave ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Removal For-Cause ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury