David Rubin

Nutter McClennen & Fish LLP

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Latest Posts › Employer Liability Issues

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NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

10/28/2024 / Employer Liability Issues , Employment Contract , Enforcement , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Policy Memorandums , Restrictive Covenants

Complying with OSHA’s General Duty and Reporting Obligations During the Pandemic

The Occupational Health and Safety Administration (“OSHA”) has issued a flurry of citations against employers over the past month related to COVID-19. As businesses reopen and workers return to their workplaces, OSHA’s...more

9/28/2020 / Coronavirus/COVID-19 , Employer Liability Issues , Enforcement Actions , General Duty Clause , Infectious Diseases , OSHA , Workplace Safety

Thorny Questions, Issues Emerging as Noncompete Act Takes Hold

Nutter Partner David Rubin recently contributed an article to Massachusetts Lawyers Weekly that analyzed the Massachusetts Noncompetition Agreement Act. In the article, “Thorny Questions, Issues Emerging as Noncompete Act...more

11/6/2018 / Consideration , Contract Terms , Employer Liability Issues , Employment Contract , New Legislation , Non-Compete Agreements , Non-Exempt Employees , Restrictive Covenants , Separation Agreement

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

7/24/2017 / Disability Discrimination , Drug Testing , Employer Liability Issues , Employment Policies , Hiring & Firing , Job Applicants , Medical Marijuana , Reasonable Accommodation , Undue Hardship

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