In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the...more
On December 22, 2023, Governor Kathy Hochul vetoed the bill New York lawmakers delivered to her, which proposed a ban of nearly all types of noncompete agreements in employment. In so doing, she called for modifications to...more
On December 12, 2023, New York lawmakers formally delivered a bill to Governor Kathy Hochul’s desk for signature that would ban nearly all types of noncompete agreements in employment. The legislature and governor’s office...more
On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed...more
On March 30, 2021, in Bossé v. New York Life Insurance Co. et al., the First Circuit Court of Appeals issued an important decision upholding the enforceability of an arbitration agreement that delegates the arbitrability of...more
4/26/2021
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Delegation Clauses ,
Employment Litigation ,
Enforceability ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Race Discrimination ,
Retaliation
Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more
2/11/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Disability ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Labor Laws ,
Immigration Procedures ,
Legislative Agendas ,
Masks ,
Medical Marijuana ,
Public Access Laws ,
Retailers ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
WARN Act ,
Workplace Safety
On January 14, 2021, Massachusetts Governor Charlie Baker signed into law an economic stimulus bill, H.5250, An Act Enabling Partnerships for Growth, which includes two significant changes to Massachusetts wage and hour laws....more
On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more
10/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hostile Environment ,
Popular ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Remote Working
The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more
12/5/2019
/ Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Collective Actions ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Opt-In ,
Personal Jurisdiction ,
Restaurant Industry ,
Unpaid Overtime ,
Wage and Hour
On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. The amendments, which were...more
The July 1, 2018, implementation date for the amendments to the Massachusetts Equal Pay Act (MEPA) is less than a year away. The amendments approved in 2016 will bring about substantial changes to the definition of...more
The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more
6/8/2017
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Federal Arbitration Act ,
First Impression ,
Independent Contractors ,
Putative Class Actions ,
Split of Authority ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
In 2016, several technology companies received or responded to proposals from investors that requested shareholder votes regarding whether the companies should be required to prepare reports addressing their policies and...more
The coming of a new year always presents uncertainty for retail employers on the labor and employment front, but particularly so this year with the coming of the Trump administration and Republican majority in Congress....more
1/4/2017
/ Affordable Care Act ,
Decriminalization of Marijuana ,
Dress Codes ,
Equal Pay ,
Federal Contractors ,
Guns-in-Trunks Legislation ,
Minimum Wage ,
NLRB ,
Retailers ,
Trump Administration ,
Wage and Hour
For over a year, retail and hospitality employers have been anxiously awaiting the issuance of the U.S. Department of Labor’s (DOL) final overtime regulations—regulations which many had predicted would impact retail and...more
5/23/2016
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Restaurant Industry ,
Retailers ,
Standard Duties Test ,
Timekeeping ,
Wage and Hour ,
White-Collar Exemptions
The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22,...more
5/4/2016
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Job Descriptions ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Retailers ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he...more
The equal pay movement gained significant ground in 2015, with new equal pay legislation enacted in two large states, new pay equity rules issued for federal contractors, and equal pay legislation introduced in several...more
As we have previously reported, the U.S. Department of Labor’s (DOL) proposed amendments to the Fair Labor Standards Act (FLSA), specifically as to the criteria for the Part 541 “white collar” exemptions, are projected to...more
Over the past two years, we have seen minimum wage hikes in states and cities (such as St. Louis, Kansas City, Los Angeles, and Emeryville) across the country as labor groups push for a universal $15 per hour minimum wage....more
In the past few months, a number of state and local developments have emerged that are likely to resonate across the country. The following is a tour of some of the most recent and significant state-specific legislation,...more
One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among...more
A primer for retail and hospitality employers on what they need to know about predictive scheduling, and how they can ensure they do not run afoul of existing law - especially during the upcoming holiday season....more
Now that the lazy days of summer are over and fall is here, it’s a good time for Massachusetts employers to perform a “checkup” on their policies and procedures to make sure they are compliant with Massachusetts law before...more
9/24/2015
/ Best Management Practices ,
Blue Laws ,
Criminal Background Checks ,
Domestic Violence ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Minimum Wage ,
Parental Leave ,
Sexual Harassment ,
Sick Leave ,
Tipped Employees ,
Weather Policy
The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of...more