Alicia Maziarz at Epstein Becker & Green

The Commodity Futures Trading Commission Cracks Down on Employer Non-Disclosure Provisions

The Commodity Futures Trading Commission (“CFTC”) has now joined the Securities and Exchange Commission (“SEC”) in taking a stand against broad non-disclosure provisions in employment agreements....more

6/26/2024 / CFTC , Employment Contract , Enforcement Actions , Financial Regulatory Reform , Non-Disclosure Agreement , Regulatory Violations , Securities and Exchange Commission (SEC) , Settlement

Court of Appeals for the Fourth Circuit Rules That “Unreasonable Opposition” Dooms Retaliation Claim

The Fourth Circuit recently reaffirmed that not all forms of opposition constitute protected activity. In Bills v. WVNH EMP, LLC, the Fourth Circuit unanimously affirmed the Southern District of West Virginia’s Order...more

6/24/2024 / Employment Litigation , Employment Policies , Healthcare Workers , Physical Abuse , Protected Activity , Retaliation , Sexual Harassment , Wrongful Termination

Eleventh Circuit Ruling on Causation Standard a Win for Employers

The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

3/19/2024 / Adverse Employment Action , Burden of Proof , But For Causation , Causation , Employees , Employer Liability Issues , Employment Litigation , Family and Medical Leave Act (FMLA) , Hiring & Firing , Retaliation , Statutory Interpretation , Walgreens

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

11/21/2023 / Americans with Disabilities Act (ADA) , Disability Discrimination , Educational Institutions , Employer Liability Issues , Employment Litigation , Hiring & Firing , Leave of Absence , Reasonable Accommodation , Regulatory Requirements , Teachers

Employers Beware: SEC Targets Employment Agreements Under Whistleblower Protection Rules

Less than two weeks after it last penalized a private employer for alleged violations of whistleblower protection rules in its employee separation agreements, the Security and Exchange Commission (“SEC”) once again takes aim...more

9/20/2023 / Enforcement Actions , Fines , Hiring & Firing , Regulatory Violations , Rule 21F , Securities and Exchange Commission (SEC) , Securities Regulation , Separation Agreement , Whistleblower Protection Policies , Whistleblowers

SEC Levies a Six Figure Fine Against a Private Company for Language in Its Separation Agreements, Continuing the Aggressive...

The Security and Exchange Commission (“SEC”) continues to aggressively enforce its whistleblower program under the Biden Administration. As we have reported, the SEC has cracked down on employers’ agreements and procedures...more

9/14/2023 / Corporate Counsel , Employer Responsibilities , Enforcement Actions , Government Investigations , Securities and Exchange Commission (SEC) , Securities Violations , Separation Agreement , Whistleblowers

Massachusetts Is Ringing in the New Year with PFML Updates

It’s that time of year again—the Massachusetts Department of Family and Medical Leave (DFML) has rolled out new Paid Family and Medical Leave (PFML) workplace posters, workplace notification forms, and rate sheets for all...more

12/26/2022 / Employer Liability Issues , Medical Leave , Paid Family Leave Law , Paid Leave , State Labor Laws , Wage and Hour

Congress Passes the Speak Out Act

[UPDATE: On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. This bipartisan legislation, passed by the U.S. Senate on September 29, 2022 and by the House of Representatives on November 16,...more

12/1/2022 / Arbitration Agreements , Employer Liability Issues , Employment Contract , Non-Disclosure Agreement , Non-Disparagement Provisions , Sexual Assault , Sexual Harassment

Massachusetts Court Rules on Massachusetts Wage Act’s Treble Damages

Employers take note: the Massachusetts Supreme Judicial Court (“SJC”) ruled this week for an employee seeking treble damages for untimely paid wages under the Massachusetts Wage Act (“Wage Act”), even though the employer had...more

4/6/2022 / Employer Liability Issues , Employment Litigation , MA Supreme Judicial Court , State Labor Laws , Treble Damages , Wage Act , Wage and Hour

Massachusetts SJC Finds a Public Policy Exception to Employment At Will Under the State Personnel Records Law

Last week, the Supreme Judicial Court of Massachusetts (“SJC”) unanimously ruled that the state Personnel Records Law, M.G.L. c. 149, § 52C, provides for a public policy exception to employment at will. Writing on behalf of...more

12/23/2021 / At-Will Employment , Employer Liability Issues , Hiring & Firing , Personnel Records , Termination

Attorney-Client Privilege & Employee-to-Employee Communications

Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more

9/15/2021 / Attorney-Client Privilege , Confidential Communications , Corporate Counsel , Electronic Communications , Employees , Employer Liability Issues , Privileged Communication , Rules of Professional Conduct , Workplace Communication

Massachusetts SJC Endorses Expansive Reading of the Domestic Violence and Abuse Leave Act

Last week, a divided Massachusetts Supreme Judicial Court (“SJC”) in Osborne-Trussell v. Children’s Hospital Corp. ruled in favor of a broad interpretation of the 2014 Domestic Violence and Abuse Leave Act (“DVLA”), a law...more

9/1/2021 / Domestic Violence , Employer Liability Issues , Hiring & Firing , Retaliation

Alicia Maziarz

Epstein Becker & Green

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