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The Legal Line®

Massachusetts Enacts Pregnancy Protections

September 19, 2017

On July 27, 2017, Massachusetts Governor Charlie Baker signed into law the Pregnant Workers Fairness Act. This new law, which goes into effect on April 1, 2018, provides pregnant women and new mothers with more comprehensive job protections and accommodation rights than those that previously existed under federal and state laws. Currently, under M.G.L. c. … Read more

Obama-Era Overtime Rule Officially Dead

September 19, 2017

On August 31, 2017, the U.S. District Court for the Eastern District of Texas put what is likely to be the final nail in the coffin of the Obama-era Department of Labor’s regulation that would more than double the salary required to exempt executive, administrative, or professional employees from the FLSA’s overtime rules. The DOL … Read more

DOL Seeks Public Feedback for Revisions to Rule for Overtime Eligibility

August 1, 2017

On Tuesday, July 25, 2017, the United States Department of Labor (“DOL”) issued a press release announcing that it intended to publish a Request for Information (“RFI”) concerning the Fair Labor Standards Act (“FLSA”) overtime rule. In general, the RFI provides an opportunity for the public to comment on issues related to the potential revision … Read more

Title VII Extends to Sexual Orientation, 7th Cir. Rules

April 5, 2017

On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court to rule that Title VII protects private employees from discrimination on account of sexual orientation. The decision in Hively v. Ivy Tech Community College of Indiana marks a departure from a long line of cases in both the Seventh … Read more

WHAT IS NEXT FOR EMPLOYMENT LAW IF NEIL GORSUCH JOINS THE SUPREME COURT?

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