ArticleBattles That Decide WarsIt is often said that noncompete cases differ from other types of civil litigation in that the initial battle in the case often decides the warUnited StatesEmployment and HRFoley Hoag LLP
ArticleCalifornia Case Highlights Need To Look Before You Leap . . . And File SuitLate last month, the California Court of Appeal upheld a $180,000 award of sanctions against an employer for bringing a baseless trade secret misappropriation suit.United StatesEmployment and HRFoley Hoag LLP
ArticleEmployer Can Be Liable For Negligently Terminating An Employee Based On Co-Worker’s Discriminatory ConductThe First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee.United StatesEmployment and HRFoley Hoag LLP
ArticleEmployment Bulletin - October 19, 2009Recently, in affirming a decision by the Massachusetts Commission Against Discrimination ("MCAD"), the Massachusetts Appeals Court held that a racial epithet can constitute discrimination in terms and conditions of employment.United StatesEmployment and HRFoley Hoag LLP
ArticleMA Senate's Proposed Noncompete Bill Is MUCH More Stringent Than House BillThe Massachusetts Senate's Committee on Rules is advancing legislation on noncompetes that differs markedly from the bill passed by the House and described here last week. United StatesEmployment and HRFoley Hoag LLP
ArticleMassachusetts Supreme Judicial Court Holds That Former Employee Can Bring Retaliation Claim Based On Conduct Which Occurred Two Years After The Termination Of EmploymentLast week, the Massachusetts Supreme Judicial Court held that an employer may be liable under Massachusetts General Laws Chapter 151B to a former employee for retaliatory conduct that occurs after the employment relationship has ended.United StatesEmployment and HRFoley Hoag LLP
ArticleNew Momentum For Noncompete Reform?This blog has reported on efforts over the past few years to enact legislation that would either prohibit or significantly reform the law of noncompetes in Massachusetts. United StatesEmployment and HRFoley Hoag LLP
ArticleNLRB General Counsel To Pursue Federal Labor Claims Of Student AthletesLast week, NLRB General Counsel Jennifer Abruzzo joined the agency's regional prosecutors in concluding that some NCAA student athletes are employees, instructing the Board's regional prosecutors...United StatesEmployment and HRFoley Hoag LLP
ArticleNLRB Holds That A Ban On Videotaping Workplace Conversations Is UnlawfulRecently, the National Labor Relations Board held that an employer violated Section 7 of the National Labor Relations Act by maintaining a policy that prohibited employees from making certain audio or video recordings in the workplace.United StatesEmployment and HRFoley Hoag LLP
ArticleNLRB Issues Narrowed Joint Employer RuleYesterday, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees United StatesEmployment and HRFoley Hoag LLP
ArticleNLRB Upends 50 Years Of Precedent, Narrows Employer Options For Secret Ballot Elections In Union Organizing CampaignsOn 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.United StatesEmployment and HRFoley Hoag LLP
ArticleNLRB Vacates Hy-Brand Joint Employment Liability Standard Because Of Board Member ConflictOn February 26, 2018, the National Labor Relations Board vacated its recent ruling in the Hy-Brand Industrial Contractors, Inc. case that had set a new standard for determining joint employer status.United StatesEmployment and HRFoley Hoag LLP
ArticlePresident Biden Orders Increased COVID-19 Protections In The WorkplaceOn January 21, 2021, President Joe Biden used his first full day in office to issue an Executive Order focused on increased COVID-19 protections for the nation's workers, including the most...United StatesEmployment and HRFoley Hoag LLP
ArticleProposed Rule Would End EEOC Employer Demographic Reporting RequirementsThe Equal Employment Opportunity Commission has voted to propose rescinding its decades-old requirement that employers submit annual EEO-1 reports detailing workforce demographics by race and sex. This proposed rule change would eliminate reporting obligations for private employers with 100+ employees and certain federal contractors, though the agency maintains it will still request records during discrimination charge investigations. United StatesEmployment and HRFoley Hoag LLP
ArticleRestricting Employees' Internet Conduct May Violate Federal Labor LawThe rise of social media websites has created a host of challenges for employers. United StatesEmployment and HRFoley Hoag LLP
ArticleSJC: Employees Who Settled Wage Act Claims Were Entitled To Award Of Attorneys' FeesThe SJC affirmed the lower court's decision.United StatesEmployment and HRFoley Hoag LLP
ArticleSupreme Court Adopts More Expansive View Of FLSA ExemptionsIn so holding, the Court rejected the principle, cited by the Ninth Circuit, that the FLSA exemptions should be construed narrowly.United StatesEmployment and HRFoley Hoag LLP
ArticleSupreme Court Clarifies When Job Transfers Can Serve As A Basis For Title VII ClaimsOn April 17, 2024, the Supreme Court issued a unanimous decision in Muldrow v. St. Louis that rejected a heightened injury standard for Title VII claims based on job transfers...United StatesEmployment and HRFoley Hoag LLP
ArticleSupreme Court Delivers Major Blow To Public Sector UnionsOn June 27, 2018, in a 5-4 decision in Janus v. AFSCME, the United States Supreme Court overruled longstanding precedent and held that public employees who are not members of a union elected...United StatesEmployment and HRFoley Hoag LLP
ArticleSupreme Judicial Court Holds That Doctor Is Not Required To Arbitrate Discrimination ClaimsYesterday, the Supreme Judicial Court held in Warfield v. Beth Israel Deaconess Medical Center, that a broad arbitration clause in an employment agreement did not apply to discrimination claims under Massachusetts General Laws Chapter 151B. United StatesEmployment and HRFoley Hoag LLP