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
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
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 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
The disease caused by the novel coronavirus, known as COVID-19, has been rapidly spreading around the world, including recently in the United States. The most recent guidance from the Centers for Disease Control and...more
3/5/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Serious Health Conditions ,
Wage and Hour ,
Workplace Safety
The Massachusetts Legislature recently passed legislation that, if signed by Governor Baker, will make substantial changes in the law governing future noncompetition agreements with Massachusetts workers and residents. This...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
A number of jurisdictions have recently passed laws prohibiting employers from inquiring into the salary history of job applicants, sometimes as a part of broader pay equity laws. New York City’s salary inquiry ban is in full...more
12/11/2017
/ Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Popular ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws
..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 EEOC recently issued new guidance on the Pregnancy Discrimination Act. The guidance provides the agency’s interpretation of the Pregnancy Discrimination Act and the application of the Americans with Disabilities Act to...more