The Legal Line®


March 21, 2017

Elections matter, and so do nominees to the United States Supreme Court. President Trump’s nomination of Neil Gorsuch to the Court may have a substantial impact on federal employment law. This year the US Supreme Court is set to hear cases on touching a on variety of employer hot-button topics, including, one we’ve previously blogged … Read more

A Gorsuch Confirmation Could Save Class Action Waivers for Employers

February 10, 2017

We have previously written on the advisability of employers entering into arbitration agreements with their employees that include a waiver of the employee’s right to initiate or join class action litigation against the employer. Such agreements help guard against the possibility of potentially company-wide litigation over employment issues ranging from alleged wage and hour violations … Read more

Massachusetts Pay Equity Act – Prepare Now or Pay Later

December 1, 2016

On August 1, 2016, Massachusetts Governor Charlie Baker signed into law An Act to Establish Pay Equity, sweeping legislation that protects the rights of female employees to be paid the same wage for the same work as their male counterparts, and vice-versa, but also greatly expands the liability that employers might face. In order to … Read more

Employers Feeling the Pain of Opioid Addiction and Recovery: An approach to finding some “pain relief” (and for complying with the law).

May 16, 2016

THE PROBLEM: Opioid use and abuse. It crowds the headlines each day – another over-dose, death or accident caused by opioids. States are rushing to enact legislation to address the crisis; the U.S. Center for Disease Controls just published its first national guidelines for medical providers prescribing opioid pain-killers. Opioid addiction is particularly hard to … Read more

NLRB’s New “Ambush Election” Rules Face Stiff Competition

March 12, 2015

Enacted by the National Labor Relations Board in December 2014 and set to go into effect on April 14, 2015, new NLRB regulations could potentially shift the balance of power in union elections strongly into the unions’ favor. Commentators and the dissenting Board members believe that these new rules, taken together, could shorten the average … Read more

Proposed Massachusetts Law to Restrict Scheduling Flexibility

March 11, 2015

Currently pending before the Massachusetts Legislature is a bill, proposed by Representative Sean Garballey, that would significantly curtail employers’ scheduling flexibility. The bill would eliminate the “clopening” shift, where an employee closes one day then opens the next, by requiring that employers give employees at least 11 hours off between shifts. Thus, if an employee … Read more

New Hampshire’s Equal Pay Law has New Language

January 7, 2015

New Hampshire’s Equal Pay Act, R.S.A. 275:37 has new language which became effective January 1, 2015. Just as before, the new version of the Act, set forth at R.S.A. 275:37-1, is intended to prevent discrimination in pay on the basis of sex. The newly effective Equal Pay Act does contain some important changes. Going forward, … Read more

Ayer Publishes Article in URMIA about Social Media Policies

November 13, 2014

The University Risk Management and Insurance Association (“URMIA”) release of its annual scholarly publication, the URMIA Journal. As it has in past years, the 2014 URMIA Journal contains a piece written by Allison Ayer entitled “When Professors Tweet: Using Social Media Policies to Manage the Risk of Faculty and Staff Social Media Misuse and Legal … Read more