From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more
9/10/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In November 2023, the Massachusetts Department of Family and Medical Leave (DFML) announced changes to its Paid Family and Medical Leave (PFML) program. With these changes, Massachusetts employers may need to revise their...more
Following public hearings and at least 78 public comments, at the end of October, hospitals and other facilities licensed by the Massachusetts Department of Public Health (DPH) will have new flexibility to require both flu...more
In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that...more
On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more
With the holiday season approaching, employers should be mindful that office holiday parties can create HR headaches. As pandemic restrictions have declined, employers are eager to host, and employees are eager to attend,...more
12/14/2022
/ Anti-Harassment Policies ,
Civil Rights Act ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
General Duty Clause ,
Holiday Parties ,
Non-Discrimination Rules ,
OSHA ,
Title VII ,
Wine & Alcohol
As economists and news outlets inform us daily, there's a high chance that a recession is coming. In fact, some believe it is already here.
As the threat of recession looms, forward-looking employers should prepare for a...more
Whether to protect the health and safety of their workplaces, to comply with governmental requirements when applicable, or a combination of the two, many employers have adopted mandatory COVID-19 vaccination policies. Faced...more
5/10/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Preliminary Injunctions ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
Sexual misconduct on college campuses remains prevalent: recent studies show that 13% of students have reported nonconsensual sexual contact during college, yet only 20% of female student victims report such incidents to law...more
As vaccine proliferation continues, employers are preparing to welcome their workforces back to offices and job sites across the country. While many Americans are eager to return to pre-pandemic life, employers can expect...more
5/18/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
For more than three months now, qualifying Massachusetts employees have been eligible for medical and family leave benefits under the Massachusetts Paid Family and Medical Leave (PFML) Act. As employers build out their PFML...more
Employees in Massachusetts will soon be eligible for up to 26 weeks of paid family and medical leave.
As explained in a recent post, benefits established by the Massachusetts Paid Family and Medical Leave (PFML) law...more
Massachusetts will soon join the growing list of states mandating paid family and medical leave for employees. Beginning January 1, employees in Massachusetts will be eligible to receive benefits established by the...more