President-elect Trump surprised the business community on Friday night when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer...more
11/25/2024
/ Corporate Counsel ,
Department of Labor (DOL) ,
Foreign Workers ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Over-Time ,
Presidential Appointments ,
Secretary of Labor ,
Small Business ,
Trump Administration ,
Unions ,
Wage and Hour ,
Workplace Safety
The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more
In the recent Massachusetts state election, voters faced a pivotal decision on a ballot initiative aiming to eliminate the tip credit system. The proposal sought to require employers to pay tipped employees the full state...more
In a groundbreaking decision, the National Labor Relations Board (NLRB) just tightened restrictions on what employers can say to workers about the impact of unionization, overturning a 40-year-old standard and raising the bar...more
Voters decided more than just who would be the next President and who would be in Congress this Election Day – they also voted on a slew of state ballot measures that aimed to change your workplace. Here’s a recap of the most...more
11/8/2024
/ Ballot Measures ,
Employee Benefits ,
Employment Policies ,
Equal Protection ,
Hospitality Industry ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
Paid Sick Leave ,
Recreational Use ,
State Labor Laws ,
Unions ,
Wage and Hour
Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more
11/7/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Data Collection ,
EEO-1 ,
Election Results ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Federal Taxes ,
Foreign Workers ,
Hiring & Firing ,
Hospitality Industry ,
Immigration Reform ,
Income Taxes ,
Independent Contractors ,
Labor Reform ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Paid Leave ,
Pay Data ,
Popular ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
While Maine’s new Paid Family and Medical Leave (PFML) benefits won’t roll out until May 2026, the employer contribution requirements kick in this January. Starting in 2025, any employer with at least one employee in the...more
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more
10/25/2024
/ Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
MA Supreme Judicial Court ,
Privacy Laws ,
Web Tracking ,
Websites ,
Wiretap Act ,
Wiretapping
Despite previously raising several important concerns relating to the NCAA’s proposed $2.8 billion antitrust settlement in House v. NCAA, federal Judge Claudia Wilken recently granted preliminary approval of the deal in an...more
10/24/2024
/ College Athletes ,
Colleges ,
Compensation ,
Name and Likeness ,
NCAA ,
Revenue Sharing ,
School Sports ,
Settlement Agreements ,
Student Athletes ,
Title IX ,
Universities
Here’s a handy cheat sheet that summarizes some key points from our Essential FAQs for the 2024 Election Season. Make sure to check out the full series of FAQs to understand your rights and responsibilities....more
The Massachusetts Executive Office of Labor and Workforce Development has announced important updates to state employment benefits for 2025. The State Average Weekly Wage (SAWW) has increased modestly to $1,829.13 from...more
In a rare rebuke of its own General Counsel, the National Labor Relations Board has rejected an invitation to flip-flop on its own precedent and will instead continue to apply a simple, bright-line test when determining...more
10/2/2024
/ Colleges ,
Educational Institutions ,
Exemptions ,
FERPA ,
Joint Employers ,
Jurisdiction ,
NLRB ,
Religious Institutions ,
Religious Schools ,
Student Employees ,
Unfair Labor Practices ,
Universities
The Massachusetts Supreme Judicial Court (SJC) just delivered a win for franchisor-franchisee relationships. Specifically, the court held that 7-Eleven franchisees are not performing a “service” for their franchisor, meaning...more
A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules...more
In a rare win for Massachusetts employers, the Supreme Judicial Court just ruled that employers generally have no obligation to allow employees to continue accruing benefits, such as seniority, vacation, and sick time, while...more
The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more
9/12/2024
/ Appearance Policy ,
Corporate Counsel ,
Dress Codes ,
Employee Rights ,
Employment Policies ,
First Amendment ,
Free Speech ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Political Campaigns ,
Political Expression ,
Political Speech ,
Presidential Elections ,
Social Media Policy
Voters will be deciding more than just who will capture the White House and Congress this Election Day – they’ll also be voting on a slew of state ballot measures that could change your workplace. How can you prepare? Read...more
A Japanese supermarket chain is getting attention for implementing an AI tool called “Mr. Smile” that monitors workers for the quality and quantity of their smiles when interacting with customers, raising questions around the...more
Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more
8/15/2024
/ Coaches ,
Colleges ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
New Rules ,
Over-Time ,
Salaried Employees ,
Universities ,
Wage and Hour
Private colleges and universities employing student workers face the unique challenge of balancing privacy obligations and a growing push from federal labor authorities to release student information to unions. Recent...more
8/14/2024
/ Colleges ,
Consent ,
Educational Institutions ,
Employment Policies ,
Employment Records ,
FERPA ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Personally Identifiable Information ,
School Policies ,
Student Employees ,
Student Privacy ,
Student Records ,
Union Request for Information ,
Unions ,
Universities
The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard...more
The National Labor Relations Board just ditched three Trump-era rules that had made it easier for workers to undo union representation. In a long-anticipated move, the NLRB issued a new regulation Friday scrapping agency...more
SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more
7/18/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Due Process ,
NLRA ,
NLRB ,
Popular ,
Right to a Jury ,
Separation of Powers ,
SpaceX ,
Unfair Labor Practices
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more
Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more
7/12/2024
/ College Athletes ,
Colleges ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
Over-Time ,
Student Athletes ,
Universities ,
Wage and Hour