With the jarring news this week that Brian Thompson, the CEO of UnitedHealthcare, was fatally shot outside a Midtown Manhattan hotel, many Fortune 500 and other large companies are suddenly finding themselves in the...more
In April of 2024, Bowditch alerted clients that the Federal Trade Commission (“FTC”) finalized “The Non-Compete Clause Rule” (the “Rule”), which would ban most employers from using post-employment non-compete agreements in...more
On April 29, 2024, the Equal Opportunity Commission (“EEOC”) released its final guidance Enforcement Guidance on Harassment in the Workplace (the “Final Guidance”)....more
4/30/2024
/ Abortion ,
Anti-Harassment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Final Guidance ,
Gender Identity ,
LGBTQ ,
Pregnancy Discrimination ,
Remote Working ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
On October 2, 2023, the Equal Opportunity Commission (“EEOC”) formally published its proposed “Enforcement Guidance on Harassment in the Workplace” (the “Proposed Guidance”)....more
The COVID-19 Public Health Emergency (PHE) issued by the U.S. Department of Health and Human Services (HHS) was rescinded effective May 11, 2023, and the National Emergency (NE) Declaration ended April 10, 2023. Massachusetts...more
As detailed in our prior client alert, the recent decision issued by the National Labor Relations Board (the “Board”) in McLaren Macomb reverses Trump-era Board rulings that gave employers wide latitude to utilize broad...more
For many employers, it is standard protocol to include non-disparagement clauses and confidentiality provisions in employee severance agreements. However, all employers should note that the National Labor Relations Board (the...more
Join us for part two of the 14th Annual Law Update, when we will look ahead at hot topics that HR professionals and senior administrators of your organization or campus need to know in 2023.
- Why investigations are so...more
On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that employers are strictly liable for treble damages on late wage payments even when an employee has not yet filed suit asserting...more
CITY OF BOSTON – “B TOGETHER” VACCINE REQUIREMENTS -
On December 20, 2020, the City of Boston introduced its “B Together” policy initiative and Order in response to a rising number of COVID-19 cases. Starting on January...more
Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more
Massachusetts enacted legislation this past summer (Acts 2018, c. 121, the “Act”) creating its first state-administered Paid Family and Medical Leave Program (the “Program”). Employers of all sizes are required to participate...more
11/26/2018
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Paid Leave ,
Payroll Taxes ,
State Labor Laws ,
Wage and Hour
While there was much speculation that a bill regulating non-competition agreements would not pass by the end of this legislative session, Governor Baker, in the final hours of the session, signed into law a bill restricting...more
On October 31, 2017, the Joint Committee on Labor and Workforce Development held a hearing on six separate bills to regulate non-competition agreements within the Commonwealth. While the bills differ somewhat in substance,...more
The Harvey Weinstein scandal has struck a nerve in American society and empowered individuals to speak out about sexual harassment and retaliation in the workplace. The nation appears to be at a tipping point, with...more
11/27/2017
/ Anti-Harassment Policies ,
C-Suite Executives ,
Contract Drafting ,
Contracts Clause ,
Employee Training ,
Employment Contract ,
Employment Discrimination ,
Prior Conviction ,
Reimbursements ,
Retaliation ,
Sexual Harassment ,
Stock Options ,
Termination Clauses ,
Workplace Harassment Guidance
Imagine your employee “Bob” has recently missed a lot work for unexplained reasons. Bob’s coworkers notice that he sometimes “nods off” while working, and his supervisor just reported to you that Bob became enraged while...more
10/12/2017
/ Drug & Alcohol Abuse ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Expanded Access Programs (EAPs) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
Opioid ,
Prescription Drugs ,
Professional Disciplinary Actions ,
Substance Abuse ,
Workplace Injury ,
Workplace Safety
On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more
7/22/2017
/ Appeals ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Federal v State Law Application ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
New Hires ,
Reasonable Accommodation ,
Undue Hardship