On December 9, 2022, President Biden signed into law the Speak Out Act. Briefly, this law makes unenforceable any non-disclosure and/or non-disparagement clauses parties might agree to before a dispute for sexual assault or sexual harassment arises. Explaining the need for the law, the Act notes that 81% of women, and 43% of men have … Read more
Major change may be coming to companies who need to protect their trade secrets or good will from departing employees. On January 5, 2023, the Federal Trade Commission (FTC) announced its notice of a proposed rule that would prohibit businesses from using these covenants with their workers. While some states like California have already banned … Read more
All Massachusetts employers (including employers with private or self-insured benefits plans) are required to post certain notices and provide certain information to their employees under the Paid Family and Medical Leave (PFML) law. For example, all Massachusetts employers must display in a prominent place easily accessible to employees, a workplace poster that explains the benefits … Read more
In late October, the United States Equal Opportunity Commission announced the release of an updated “Know Your Rights Workplace Poster.” The new poster replaces the previous version of the notice titled the “Equal Employment Opportunity Is the Law”poster. Employers covered by Federal anti-discrimination laws, such as Title VII, the Americans with Disabilities Act and the … Read more
On October 11, 2022, the DOL finally announced the publication of its proposed new rule. And what was old is new again. The proposed rule reverts back to an “economic reality test” for evaluating whether a worker is an independent contractor based on the “totality of the circumstances” of the worker/business relationship. It establishes a … Read more
Federal courts and administrative executive agencies have recently made significant developments in the area of employment law. In a matter of first impression by any Federal appeals court, the Fourth Circuit recently held that gender dysphoria constitutes a disability subject to the Americans with Disabilities Act (“ADA”). The National Labor Relations Board (“NLRB”) also recently … Read more
The First Circuit recently ruled that the policy by Whole Foods to ban its employees from wearing political messages on their face masks while working was not a discriminatory practice. On June 28, 2022, in a case called Kinzer v. Whole Foods Market, the First Circuit dismissed a lawsuit brought by a class of Whole … Read more
On May 23, 2022, in a case called Morgan v. Sundance, the United States Supreme Court unanimously decided that a party can waive its right to arbitration even when its conduct has not prejudiced the other side. In so holding, the USSC changed 1st circuit precedent which had for years required a showing of prejudice. … Read more
Federal employment discrimination laws do not prohibit employment discrimination based solely on an individual’s status as a caregiver. But caregiver discrimination does violate federal employment discrimination laws, such as Title VII, the Americans with Disabilities Act of 1990, and the Age Discrimination in Employment Act, when it is based on another protected characteristic, like an individual’s … Read more
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) became the law of the land on March 3, 2022. While terse in language, the Act will have broad implications. What does the Act say? The new law amends the Federal Arbitration Act (“FAA”) and allows employees subject to pre-dispute mandatory arbitration … Read more