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USCIS Announces New Form I-9 and Remote Verification for Employers Using E-Verify

Changes are coming to the way employers verify employee work eligibility. The U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9 for Employment Eligibility Verification…more

E-Verify, Employment Eligibility Verification, Foreign Workers, Form I-9, Immigrants

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NLRB Substantially Broadens Standard for Joint Employer Status

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule that significantly broadens the standard for who qualifies as a joint employer under the National Labor Relations Act (NLRA). Under the new rule,…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Joint Employers, New Rules, NLRA

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Alexandra Burroughs-Hood

Fifth Circuit Strikes Down Department of Labor’s “80/20” Tip Credit Rule

On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Tip Credit, Tipped Employees

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Jeffrey Collins

White House Issues Executive Order to Eliminate Disparate Impact Theory in the Enforcement of Discrimination Laws

On April 23, 2025, The Trump administration issued Executive Order (“EO”) 14821, entitled, “Restoring Equality of Opportunity and Meritocracy,” aimed at eliminating disparate impact liability in all contexts, including…more

Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation

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Nicole Davies

Employee Handbook Notices Now Mandated by New York State’s Reproductive Health Bias Law

Recent appellate court action has activated a new handbook requirement affecting New York employers. Initially, a lower court issued an injunction blocking certain provisions of the 2019 New York State Reproductive Health Bias…more

Anti-Discrimination Policies, Corporate Counsel, Employee Handbooks, Employee Rights, Employment Discrimination

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Nicholas DiGiovanni

NLRB General Counsel Explains Bargaining Obligations for Unionized Employers regarding the New Emergency Temporary Standard to Protect Workers from Coronavirus (ETS)

On November 10, 2021, the National Labor Relations Board’s General Counsel’s’ Office issued Memorandum OM-22-03 outlining an employer’s bargaining obligations with their unions relating to the recent Emergency Temporary Standard…more

Biden Administration, Collective Bargaining, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

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Courtney Evanchuk

Texas Judge Finds FTC Noncompete Rule Likely Unlawful But Limits Scope of Relief

On July 3, 2024, federal district court Judge Ada Brown (N.D. Texas) issued an order enjoining the FTC from implementing its Final Rule on Non-Competes (“Final Rule”), but limited the injunctive relief to only those parties…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Daniel Fishman

Supreme Court Clarifies Standard for So-Called “Reverse” Discrimination Claims

On June 5, 2025, the Supreme Court held that majority group plaintiffs do not have to meet a higher evidentiary standard than minority group plaintiffs to support their discrimination claims under federal law. In Ames v. Ohio…more

Ames v Ohio Department of Youth Services, Employer Responsibilities, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Richard Gello

Most Non-Compete Agreements Violate Federal Labor Law, According to New Advice Memorandum from NLRB General Counsel

National Labor Relations Board General Counsel Jennifer Abruzzo has proclaimed that, except in limited circumstances, non-compete agreements generally violate Section 8(a)(1) of the National Labor Relations Act (“NLRA”). In a…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, NLRA, NLRB

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Victoria Brophey George

NLRB Tightens Standards for Confidentiality and Nondisparagement Clauses in Severance Agreements

On February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023) that an employer violated Section 8(a) of the National Labor Relations Act (“NLRA” or the “Act”) by…more

Confidentiality Agreements, Employer Liability Issues, Hiring & Firing, NLRA, NLRB

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Shane Goodrich

Employers Should Prepare for an Increase in I-9 Audits Under Trump Administration New Immigration Directives

On January 20, 2025, President Donald Trump issued an array of executive orders in an effort to dramatically reshape immigration policies in the United States. These new policy directives are likely to result in a renewed focus…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employer Responsibilities, Enforcement Actions

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Lucie Gulino

EEOC and Department of Justice Issue Guidance on DEI-Related Discrimination

The first two months of the Trump administration saw a flurry of Executive Orders targeting private and public sector diversity, equity, and inclusion (“DEI”) programs, and March has been no different. On March 19, 2025, the…more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Ryan Jaziri

U.S. Supreme Court Clarifies That Employers Are Not Required to Meet Heightened Standard of Proof to Establish an FLSA Exemption Applies

Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D Sales, Inc…more

Appeals, Department of Labor (DOL), Employment Litigation, Evidence, Exempt-Employees

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Jaclyn L. Kawka

Massachusetts Employers Must Issue 2023 Paid Family and Medical Leave Rate Sheets to Current Employees No Later than December 2, 2022

MBJ previously issued an alert entitled “Massachusetts Department of Family and Medical Leave Publishes 2023 Workplace Poster, Workforce Notifications, and Rate Sheets”, which outlined employer requirements with respect to…more

Employee Benefits, Employer Liability Issues, Employment Policies, Paid Family Leave Law, Paid Leave

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Grant King

White House Issues Executive Order to Eliminate Disparate Impact Theory in the Enforcement of Discrimination Laws

On April 23, 2025, The Trump administration issued Executive Order (“EO”) 14821, entitled, “Restoring Equality of Opportunity and Meritocracy,” aimed at eliminating disparate impact liability in all contexts, including…more

Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Litigation

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Jaclyn Kugell

Employee Handbook Notices Now Mandated by New York State’s Reproductive Health Bias Law

Recent appellate court action has activated a new handbook requirement affecting New York employers. Initially, a lower court issued an injunction blocking certain provisions of the 2019 New York State Reproductive Health Bias…more

Anti-Discrimination Policies, Corporate Counsel, Employee Handbooks, Employee Rights, Employment Discrimination

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Rachel Adams Ladeau

Your Undergraduate Students Are Preparing For Unionization. Are You?

In recent months and weeks, undergraduate student union organizing has picked up pace rapidly. On March 22, 2022, Wesleyan University voluntarily recognized a bargaining unit of undergraduate resident advisors following a March…more

Educational Institutions, Employer Liability Issues, Employment Policies, FERPA, Graduate Students

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Rebecca LaPierre

Trends in 2023: Broad-Reaching Pay Transparency Requirements May Affect Out-of-State Employers

As 2023 starts, employers are watching the development and growth of pay transparency laws designed to promote pay equity. Multiple states and municipalities have enacted laws providing for measures such as wage disclosures;…more

Employer Liability Issues, Equal Pay, Pay Transparency, Reporting Requirements, State Labor Laws

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Joseph McConnell

The Pendulum Swings Again: NLRB (Re)Adopts “Clear and Unmistakeable Waiver” Standard in Duty to Bargain Cases

On December 10, 2024, the National Labor Relations Board issued a decision in Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (2024), a case in which it reconsidered and reestablished the standard against which an…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, NLRA, NLRB

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Keith McCown

Employee Handbook Notices Now Mandated by New York State’s Reproductive Health Bias Law

Recent appellate court action has activated a new handbook requirement affecting New York employers. Initially, a lower court issued an injunction blocking certain provisions of the 2019 New York State Reproductive Health Bias…more

Anti-Discrimination Policies, Corporate Counsel, Employee Handbooks, Employee Rights, Employment Discrimination

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Maura D. McLaughlin

EEO-1 Component 1 Online Data Collection System Is Opened, Accompanied by Message Regarding Agency Priorities

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the opening of its 2024 EEO-1 Component 1 Data Collection. EEO-1 Component 1 reports provide workforce demographic data, specifically the…more

Anti-Discrimination Policies, EEO-1, Employer Responsibilities, Employment Discrimination, Enforcement Priorities

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Mario Nimock

Federal Trade Commission Issues Final Rule Broadly Banning Non-Compete Clauses, Legal Challenges Expected

On April 23, 2024, the Federal Trade Commission (“FTC”), by 3-2 vote, issued its final rule to prohibit the use of employee non-compete clauses (the “Final Rule”). The Final Rule comes after the FTC issued its proposed rule to…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Sean P. O'Connor

Federal Court Blocks U.S. Department of Labor Overtime Rule Nationwide

On November 15, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction to block the new U.S. Department of Labor (DOL) overtime rule that would have expanded overtime eligibility for…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Robert Papandrea

Recent Amendments to Rhode Island Employment Laws Require Employer Action

The Rhode Island General Assembly recently enacted several amendments to existing employment laws that will impact employers immediately and into 2026. These changes include expanded anti-discrimination protections, new…more

Anti-Discrimination Policies, Employee Rights, Employer Responsibilities, Employment Discrimination, Minimum Wage

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James Pender

The First Circuit Court of Appeals Finds A Public School Teacher’s Social Media Posts Are Not Constitutionally-Protected Speech

On June 28, 2024, the U.S. Court of Appeals for the First Circuit issued MacRae v. Mattos, a case involving a public school teacher’s First Amendment speech rights. Shortly before being hired as a teacher at Hanover High…more

Appeals, First Amendment, Free Speech, Social Media

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Alexandra L. Pichette

EEOC Updates Harassment Guidance

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated Enforcement Guidance on Harassment in the Workplace for the first time in over twenty years (the “Guidance”). In the Guidance, the…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Harassment, Retaliation

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Cassandra L. Santoro

EEO-1 Component 1 Online Data Collection System Is Opened, Accompanied by Message Regarding Agency Priorities

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the opening of its 2024 EEO-1 Component 1 Data Collection. EEO-1 Component 1 reports provide workforce demographic data, specifically the…more

Anti-Discrimination Policies, EEO-1, Employer Responsibilities, Employment Discrimination, Enforcement Priorities

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Joseph Sassi

The Pendulum Swings Again: NLRB (Re)Adopts “Clear and Unmistakeable Waiver” Standard in Duty to Bargain Cases

On December 10, 2024, the National Labor Relations Board issued a decision in Endurance Environmental Solutions, LLC, 373 NLRB No. 141 (2024), a case in which it reconsidered and reestablished the standard against which an…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, NLRA, NLRB

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Catherine Scott

Massachusetts Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

On Friday, June 13, 2025, the Massachusetts Supreme Judicial Court issued its decision in Miele v. Foundation Medicine, Inc., SJC-13967, holding that forfeiture clauses tied to non-solicitation agreements were definitively…more

Contract Disputes, Contract Terms, Employee Rights, Employment Litigation, Forfeiture

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Jeffrey S. Siegel

Texas Court Strikes Down FTC Noncompete Ban

On August 20, 2024, United States Court District Judge Ada Brown ruled that the Federal Trade Commission (“FTC”) lacked the authority to promulgate and enforce its Non-Compete Clause Rule (the “FTC Noncompete Ban”). The Court’s…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Aaron A. Spacone

EEOC and Department of Justice Issue Guidance on DEI-Related Discrimination

The first two months of the Trump administration saw a flurry of Executive Orders targeting private and public sector diversity, equity, and inclusion (“DEI”) programs, and March has been no different. On March 19, 2025, the…more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Brendan T. Sweeney

Massachusetts Appeals Court Decision Reminds Employers That Succession Planning Must Be Handled With Care

There is no doubt that employers have a legitimate interest in succession planning. However, a recent Massachusetts Appeals Court decision underscores the importance of utilizing and communicating age-neutral criteria when…more

Adverse Employment Action, Business Succession, Employer Liability Issues, Hiring & Firing, Layoffs

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Jacob Thaler

U.S. Supreme Court Clarifies That Employers Are Not Required to Meet Heightened Standard of Proof to Establish an FLSA Exemption Applies

Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D Sales, Inc…more

Appeals, Department of Labor (DOL), Employment Litigation, Evidence, Exempt-Employees

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Andrea E. Zoia

Massachusetts Paid Family and Medical Leave: Contribution Rates and Benefit Amounts for 2025 Announced

The Massachusetts Department of Family and Medical Leave (the “Department”) has announced what employers should anticipate for Paid Family and Medical Leave (“PFML”) employer contribution rates and benefit amounts for 2025. The…more

Employee Benefits, Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave

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