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 October 30, 2023, President Biden issued an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The EO establishes sweeping directives and priorities for federal...more
11/1/2023
/ Artificial Intelligence ,
Biden Administration ,
Civil Rights Act ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Procurement Systems ,
Intellectual Property Protection ,
Legislative Agendas ,
National Security ,
NIST ,
Popular ,
Proposed Legislation ,
Public Agencies ,
Regulatory Agenda ,
Semiconductors ,
Technology Sector
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
Generative AI could profoundly affect workplace dynamics, potentially bringing significant benefits to companies that are able to manage the risks. Here we focus on employment law as it relates to use of generative AI at...more
7/13/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Confidential Information ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Machine Learning ,
Performance Reviews
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
On January 25, 2023, in In re McDonald’s Corporation Stockholder Derivative Litigation, Vice Chancellor Travis Laster of Delaware’s Court of Chancery denied a motion to dismiss a derivative lawsuit against David Fairhurst,...more
1/31/2023
/ Board of Directors ,
Breach of Duty ,
Caremark claim ,
Corporate Culture ,
Corporate Governance ,
Derivative Suit ,
Duty of Loyalty ,
Fiduciary Duty ,
McDonalds ,
Sexual Harassment ,
Shareholder Litigation
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 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
As state and local stay-at-home orders are lifted, businesses across the U.S. are in the process of reopening or planning to reopen. Despite downward trends of new COVID-19 cases in some states, the COVID-19 pandemic...more
6/16/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Fitness for Duty Exams ,
Health and Safety ,
Infectious Diseases ,
Notification Requirements ,
OSHA ,
Public Health ,
Quarantine ,
Re-Opening Guidelines ,
Remote Working ,
Reporting Requirements ,
Return-to-Work Agreements ,
Risk Mitigation ,
Self-Reporting ,
Sick Employees ,
Virus Testing ,
Workers' Compensation Claim ,
Workplace Illness and Injury Reporting ,
Workplace Safety
Nearly ten weeks after Governor Charlie Baker declared a state of emergency in Massachusetts due to the outbreak of COVID-19, the Commonwealth has begun reopening its economy in phases.
LOOKING BACK -
On March 10,...more
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
On April 6, 2020, the U.S. Department of Labor (the “DOL”) published temporary regulations (the “FFCRA Regulations”) to implement the Families First Coronavirus Response Act (the “FFCRA”)... The FFCRA, which was signed into...more
Employers are considering whether to implement layoffs, furloughs or hours reductions in light of the economic uncertainty arising from the COVID-19 pandemic. This alert reviews significant considerations for employers that...more
4/1/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
Paid Leave ,
Pay Reductions ,
Paycheck Protection Program (PPP) ,
Sick Leave ,
Tax Credits ,
Tax Deferral ,
Unemployment Benefits ,
Unemployment Insurance ,
Wage and Hour
On March 7, 2019, the U.S. Department of Labor released its highly anticipated proposed rule to update the Fair Labor Standards Act’s overtime exemptions for executive, administrative, professional, and computer employees,...more
The Massachusetts Attorney General recently issued guidance concerning amendments to the Massachusetts Equal Pay Act, which will take effect on July 1, 2018. Employers of Massachusetts employees should prepare for the...more
..The Massachusetts Supreme Judicial Court has determined that it may be a reasonable accommodation under the state anti-discrimination law for a handicapped employee to use medical marijuana, if certified by a physician,...more
The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The...more
On November 4, 2014, Massachusetts voters approved a ballot measure that will require covered employers to allow employees to earn at least one hour of paid sick time (“Sick Time”) for every 30 hours worked, up to a maximum...more
The Massachusetts Attorney General recently issued an Advisory and other guidance on a new Massachusetts law, known as the Domestic Violence Leave Act (the “DVLA”). The Attorney General’s guidance confirms the basic...more
Last week, Massachusetts Governor Deval Patrick proposed legislation that would ban certain non-competition provisions in agreements with employees and independent contractors. Certain other important restrictive covenants,...more