In light of the new administration’s focus on immigration-related issues, many employers are seeking guidance on how to best prepare for a potential U.S. Immigration and Customs Enforcement (ICE) raid. Employers are wise to...more
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
Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to...more
In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute. The SJC held that the...more
On June 12, U.S. District Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas upheld a policy established by Houston Methodist Hospital that requires employees to be vaccinated against...more
6/15/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more
3/10/2021
/ Agricultural Sector ,
Agricultural Workers ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Collective Bargaining ,
Decriminalization of Marijuana ,
Exemptions ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Union Organizers ,
Unions ,
Wage and Hour
With the FDA’s recent approval of Pfizer-BioNTech’s COVID-19 vaccine, the FDA’s Vaccines and Related Biological Products Advisory Committee’s Advisory Council’s scheduled vote of today on the use of Moderna’s COVID-19 vaccine...more
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
With summer vacation season upon us and many businesses beginning the process of reopening, many employers are now dealing with employees leaving Massachusetts to travel out of state, potentially to areas of the country that...more
7/14/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Baker ,
Health and Safety ,
New Guidance ,
Quarantine ,
Re-Opening Guidelines ,
Travel Restrictions ,
Vacation Leave ,
Virus Testing ,
Workplace Safety
Monday, June 8, marked the first day of Phase 2, Step 1 under the Commonwealth’s phased plan to reopen Massachusetts. For restaurants, this means permission to open for outdoor table service. Additionally, beer gardens,...more
On May 18, 2020, Governor Baker outlined a Four Phase Reopening Plan for Massachusetts. Beginning on May 25, 2020, certain businesses – including manufacturing, construction, laboratories, hair salons, and general office...more
The COVID-19 pandemic continues to affect nearly every aspect of the legal profession, and practice in the BLS is no exception. Massachusetts courts have issued orders in recent weeks in an effort to maintain critical court...more
Maine, Maryland, New Hampshire, Washington and Rhode Island have recently joined the growing ranks of states that prohibit non-competes with lower income workers, reflecting a growing public policy concern regarding fairness...more
Judge Kaplan’s recent ruling in the “Burns Bridge” litigation provides helpful guidance on the interplay between breach of contract and professional negligence claims....more
Earlier this fall, the Social Law Library sponsored a panel discussion entitled Written Motion Practice at the BLS: A Deep Dive on Effective Techniques. The four BLS judges—Judges Davis, Kaplan, Salinger, and...more
“Under Massachusetts law,” Judge Salinger observed in Stone v. Remillard, “a corporation does not owe a fiduciary duty to its shareholders.” In support of that blackletter law, Judge Salinger cited to footnote three of Merola...more
In Bay Colony, Judge Salinger denied the defendants’ motion to dismiss a contract claim as time barred even though one defendant (AMB) had sent a letter to the plaintiffs more than six years earlier disputing the existence of...more
Background: When the Massachusetts Gaming Commission (MGC) awarded a gaming license to Wynn to operate a casino in Everett, Massachusetts, MGC effectively chose Wynn over Mohegan Sun, which sought a license to operate a...more