In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to...more
The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.
The Massachusetts...more
On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) once again issued updated FAQs concerning the application of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title...more
10/27/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Pregnancy Discrimination ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
The Massachusetts Department of Family Medical Leave (DFML), which administers the Paid Family and Medical Leave (PFML) law in Massachusetts has published important information regarding an increase in the amount of weekly...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
The latest trends and developments in the class action world.
Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions.
Requirement of Concrete...more
9/23/2021
/ Appeals ,
Article III ,
Auto-Dialed Calls ,
Class Action ,
Facebook Inc v Duguid ,
Fair Credit Reporting Act (FCRA) ,
Injunctive Relief ,
Office of Foreign Assets Control (OFAC) ,
Putative Class Actions ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
Employee misclassification continues to be the largest source of class action litigation in the logistics industry.
California Trucking Association v. Bonta May Head to the Supreme Court -
Independent contract...more
9/22/2021
/ ABC Test ,
Appeals ,
Class Action ,
Class Certification ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Misclassification ,
NLRA ,
Putative Class Actions ,
Reversal
On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more
Most benefits under the Massachusetts Paid Family Medical Leave (MA PFML) became available to eligible employees on January 1, 2021. The final benefit, leave to care for a family member with a serious health condition,...more
Effective May 28, 2021, Massachusetts employers are required to make paid leave time available to employees for COVID-related illnesses, quarantine, and vaccinations. Paid leave benefits are paid by the employer and then...more
The Supreme Court has issued a much anticipated opinion on the scope of the Computer Fraud and Abuse Act (the CFAA), holding in Van Buren v. United States that an individual “exceeds authorized access” under the CFAA when he...more
The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more
Non-compete agreements have recently come under attack across the country, both at the state and federal levels. Massachusetts passed legislation in 2018 that imposed additional requirements on employers in order for their...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
The 9th Circuit Court of Appeals has upheld a decision by the Federal Motor Carrier Safety Administration (FMCSA) that FMCSA’s rest break regulations preempt the California meal and rest break rules (CA MRB Rules).
The...more
In 2016, the US Department of Justice issued its Antitrust Guidance for Human Resources Professionals (Antitrust Guidance), in which it warned that criminal charges may result if corporations enter into “naked no-poach...more
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification.
In particular, as state legislatures...more
1/7/2021
/ ABC Test ,
Class Action ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
Preliminary Injunctions ,
Trucking Industry ,
Unions
In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries.
Key Retail...more
1/7/2021
/ Anti-SLAPP ,
Appeals ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Fashion Industry ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Motion for Summary Judgment ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Retailers ,
Settlement Agreements ,
Sports Apparel ,
Wage and Hour ,
Wages
Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees.
On December 16, 2020, the Equal Employment...more
12/17/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
GINA ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive...more
The MUTSA became effective on October 1, 2018. It largely tracks the language of the Uniform Trade Secrets Act (UTSA).
In a case of first impression, the District of Massachusetts considered whether the recently enacted...more
SB 1159 expands the presumption of workers’ compensation liability for employees who contract COVID-19 due to a workplace outbreak.
A. Presumption of Workers’ Compensation Coverage for Certain COVID-19 Cases -
New...more
On August 24, 2020, the US Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-5 addressing employer obligations for tracking time worked by remote workforces.
The guidance is timely, given the transition...more
In an opinion issued on July 9, 2020, the District Court of New Jersey granted class certification for a group of delivery drivers who allege they were incorrectly classified independent contractors.
In the opinion, the...more