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Author Archives: New England Biz Law Update staff

EEOC guidance clarifies EEO-1 reporting on remote workers, establishments, more

EEOC seal

The EEOC has published additional guidance to clarify requirements related to the 2022 EEO-1 Component 1 data collection. With EEO-1 form submissions due by Dec. 5, employers should review their reporting processes to ensure data is complete, accurate and aligned ...

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No duty of care over inaccurate drug test results

Drug test result form

The Texas Supreme Court has ruled that third-party entities hired by employers to administer drug tests do not owe a common-law negligence duty to their clients’ employees. This decision follows a previous ruling that employers who conduct drug tests in-house ...

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Biden order spotlights AI labor concerns

Artificial intelligence

The recently released “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” contains provisions focused specifically on addressing rising concerns over AI’s impacts on the future of work. While stopping short of immediate policy actions, ...

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Failure-to-rehire suit continues for employee who never reapplied

Scales of justice in courtroom

A federal judge has ruled that a former office manager can move forward with his lawsuit alleging that the university he worked at unlawfully refused to rehire him in retaliation for his complaints of wage violations and age discrimination. The ...

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Federal appeals court reverses $8M Wage Act judgment for police

Police car

A $8.3 million judgment awarded to police officers for unpaid detail wages has been overturned on appeal, with a federal appeals court finding no violation of the Massachusetts Wage Act occurred. The ruling demonstrates how ambiguous contract language can backfire ...

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Businesses, legislators challenge NLRB’s joint employer rule

A controversial new regulation expanding the concept of “joint employment” under federal labor law is set to take effect in February, potentially making it easier for Americans to unionize. However, the measure has sparked backlash from the business community and ...

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EMTs win nearly $18 million in wage-and-hour lawsuit

Ambulance-on-residential-street

A recent appeals court ruling reinforced that under federal wage law, employees must be paid for all work required of them, even if occurring outside normal shifts. The decision upheld a $17.78 million judgment against New York City for unpaid ...

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Failure-to-rehire suit avoids dismissal

Massachusetts Institute of Technology

A Massachusetts Institute of Technology office manager who alleged that he was told he was being terminated because his position was being eliminated could proceed with retaliation claims based on a failure to rehire — even though he never applied ...

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NLRB expands joint employer standard

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

The National Labor Relations Board (NLRB) has issued a final rule that expands the standard for when two businesses are considered joint employers under the National Labor Relations Act (NLRA). The rule replaces a standard last updated in 2020 and ...

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EEOC discrimination lawsuits jump 50%

EEOC seal

The Equal Employment Opportunity Commission (EEOC) filed over 50% more employment discrimination lawsuits in fiscal year 2023 than it did the year before. The agency filed 143 new employment discrimination suits from Oct. 1, 2022, to Sept. 30, 2023.  The ...

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