On July 31, 2024, Governor Maura Healey signed into law the Commonwealth of Massachusetts’ first pay transparency law, the Frances Perkins Workplace Equity Act (the Act). The Act requires employers with 25 or more...more
8/12/2024
/ Disclosure Requirements ,
EEO-1 ,
Job Ads ,
Job Applicants ,
New Legislation ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Reporting Requirements ,
State Labor Laws ,
Statutory Deadlines ,
Wage and Hour
On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more
7/8/2024
/ Anti-Competitive ,
Compliance ,
Effective Date ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Section 5
On April 22, 2024, the Department of Labor (DOL) released the final version of a new rule to raise the minimum salary threshold for most employees covered by the so-called white-collar exemptions under the Fair Labor Standard...more
4/30/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On April 23, 2024, the United States Federal Trade Commission (“FTC”) issued a Final Rule (the “Final Rule”) that would prohibit the use of non-compete clauses with most American workers...more
To prevail on a claim of unlawful employment discrimination, a plaintiff must establish that the employer took an “adverse employment action” because of the employee’s protected class...more
In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more
3/8/2024
/ ABC Test ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
Misclassification ,
Multi-Factor Test ,
Self Employed ,
UK ,
Wage and Hour
On Friday, September 29, 2023, the Securities and Exchange Commission (the “SEC”) issued an order that censured D. E. Shaw & Co., L.P., a registered investment advisor in New York, and assessed a civil penalty of $10,000,000...more
10/4/2023
/ Civil Monetary Penalty ,
Consent Order ,
Corporate Counsel ,
Employment Contract ,
Employment Policies ,
Enforcement Actions ,
Former Employee ,
Non-Disclosure Agreement ,
Registered Investment Advisors ,
Regulatory Requirements ,
Release Agreements ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Statutory Requirements ,
Whistleblower Protection Policies
On August 30, 2023, the Department of Labor (“DOL”) announced its issuance of a Notice of Proposed Rulemaking (“NPRM”). In the NPRM, the DOL proposes to increase substantially the salary threshold for most employees to be...more
9/1/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
NPRM ,
Over-Time ,
Regulatory History ,
Wage and Hour ,
White-Collar Exemptions
On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) announced multiple changes to the Form I-9 process. The changes narrow the circumstances in which employers may review I-9 documentation remotely....more
7/28/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employment Eligibility Verification ,
Final Rules ,
Form I-9 ,
Immigration Procedures ,
Immigration Reform ,
Inspections ,
Remote Working ,
Required Forms ,
Updated Forms
The Supreme Court's unanimous June 29, 2023 decision in Groff v. DeJoy rejected the standard commonly used by courts in determining whether accommodating an employee's religious beliefs would constitute an "undue hardship"...more
7/6/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On May 30, 2023, the General Counsel of the National Labor Relations Board ("NLRB" or "the Board") joined an increasing number of government authorities to cast doubt on the enforceability of certain noncompetition...more
In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more
2/28/2023
/ Confidentiality Agreements ,
Contract Terms ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Termination
On January 5, 2023, the United States Federal Trade Commission (“FTC”) proposed a new rule (the “Proposed Rule”) that — if implemented — could dramatically restrict the use of non-compete agreements throughout the United...more
1/9/2023
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unenforceable Contract Terms ,
Unfair Competition
A frequently used step to control costs in times of uncertainty is to reduce personnel. A well-planned restructuring or reduction in force, generally referred to as a “layoff,” can achieve meaningful cost reductions...more
10/18/2022
/ Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Layoffs ,
Notice Requirements ,
Publicly-Traded Companies ,
Reporting Requirements ,
Restrictive Covenants ,
Risk Management ,
Severance Agreements ,
Severance Pay ,
Vesting ,
Wages ,
WARN Act
As summarized in Goodwin’s previous client alert, the Occupational Safety and Health Administration (“OSHA”) published an “emergency temporary standard” that, among other things, mandates that employers with 100 or more U.S....more
11/10/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) will publish an “emergency temporary standard” requiring employers with 100 or more employees to mandate employees be fully vaccinated or undergo...more
11/5/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, the White House announced three actions to increase COVID-19 vaccinations of private sector employees throughout the country. These extraordinary actions, which are aimed at curbing the surging Delta...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
OSHA ,
Private Sector ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated and expanded on its guidance about how federal equal employment opportunity laws (“EEO laws”) may apply to potential employer requirements that...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
EEO ,
Employee Incentive Plans ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Pregnancy ,
Reasonable Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 17, 2021, Massachusetts Gov. Charles Baker announced that effective May 29, 2021 the Commonwealth will lift all remaining COVID-19 restrictions on businesses. In addition, effective May 29, 2021 the Commonwealth will...more
5/26/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Baker ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA” or the “Act”), the latest COVID-19 relief bill, into law. Under ARPA, employers will generally be obligated to advance the cost of...more
4/26/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
COBRA ,
Coronavirus/COVID-19 ,
Eligibility ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Notice Requirements ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued guidance about how federal equal employment opportunity laws (“EEO laws”) may apply to potential employer requirements that employees be...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
EEO ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Genetic Discrimination ,
GINA ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Rehabilitation Act ,
Religious Discrimination ,
Title VII ,
Vaccinations ,
Workplace Safety
In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more
11/5/2020
/ Banking Sector ,
Capital Formation ,
Climate Change ,
Confidential Information ,
Consent Order ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Department of Financial Services ,
Department of Labor (DOL) ,
Derivatives ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
FDCPA ,
FDIC ,
Federal Reserve ,
Fiduciary ,
Fiduciary Duty ,
Final Rules ,
Financial Institutions ,
Financial Records ,
Financial Regulatory Agencies ,
Financial Regulatory Reform ,
Financial Services Industry ,
Initial Public Offering (IPO) ,
Investment Companies ,
Investment Funds ,
Investment Opportunities ,
Investors ,
Lenders ,
Main Street Lending Programs ,
Notice of Proposed Rulemaking (NOPR) ,
OCC ,
Offerings ,
Proposed Rules ,
Public Comment ,
Registered Funds ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Small Business Loans ,
UDAAP
On September 22, 2020, President Trump issued Executive Order 13950, “on Combating Race and Sex Stereotyping,” prohibiting the federal government, companies with federal contracts, and recipients of federal grants from...more
10/16/2020
/ Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Discrimination ,
Race Relations ,
Sex Discrimination ,
Sexual Stereotyping ,
Subcontractors ,
Trump Administration ,
Unconscious Bias
On July 6, 2020, in connection with Massachusetts entering Phase Three of the Commonwealth’s COVID-19 reopening plan, the Massachusetts Executive Office of Housing and Economic Development published the Phase III Step 1...more
7/10/2020
/ Business Travel ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Office Space ,
Re-Opening Guidelines ,
Remote Working ,
Virus Testing ,
Workplace Safety
On April 16, 2020, the White House issued “Opening Up America Again,” federal guidelines to reopen the U.S. economy through a three-phase approach. State and local governments are also beginning to create their own frameworks...more