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Author Archives: New England Biz Law Update staff

EEOC sues UPS for disability discrimination in hiring

UPS delivery truck - Deposit Photos

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit claiming that UPS violated the Americans with Disabilities Act (ADA) by maintaining a discriminatory policy of refusing to hire or reasonably accommodate deaf or hearing-impaired individuals for driver positions ...

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Revisions sought to Longshore Workers’ Comp Act penalty rules

Commercial harbor

The U.S. Department of Labor has proposed revisions to the regulatory scheme for assessing penalties against employers and insurance carriers for the violation of reporting requirements under the Longshore & Harbor Workers’ Compensation Act. The proposed rulemaking announced by the ...

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Time clock rounding policy raises question of FLSA liability

Punch clock

A federal appeals court has revived a class and collective action arguing that a Kansas City healthcare provider has been underpaying its workers due to its practice of time clock rounding. At issue is whether St. Luke’s Health System violated ...

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NLRB expands scope of protected activity

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

A new ruling from the National Labor Relations Board (NLRB) adopts a broader test for what is considered “protected concerted activity” in the workplace. Workers will now have an easier time getting legal protection for speaking out about workplace conditions. ...

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Gig worker measures may be headed for Massachusetts ballot

Pickup spot for Lyft and Uber

On September 6, the Massachusetts Attorney General’s Office certified competing ballot measures that would allow voters to decide whether app-based drivers should be classified as independent contractors or whether they should be allowed to unionize. Massachusetts Attorney General Andrea Joy ...

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Reporting on AI hiring tools requested

Using ChatGPT on laptop

The Office of Federal Contract Compliance Programs (OFCCP) has issued a new requirement for government contractors to disclose their use of recruitment and hiring technology, including the use of artificial intelligence (AI). The updated requirement now asks for information on ...

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Court dismisses most employee COBRA notice claims

Scales of justice in courtroom

Recent years have seen a rise in class action lawsuits claiming that a company’s COBRA notice was inadequate and failed to meet Department of Labor (DOL) regulatory requirements. These lawsuits generally claim that the COBRA election notices either failed to ...

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OSHA proposal would allow union reps (and others) at workplace inspections

Man driving forklift in warehouse

Late last month, the Occupational Safety and Health Administration (OSHA) issued a proposed rule that would expand the third parties who could participate in an OSHA inspection. Specifically, the rule would give a designated employee representative the right to accompany ...

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EEOC reaches first workplace AI settlement

Artificial intelligence

Last month, a tutoring company reached a settlement with the EEOC in the amount of $365,000 in a case involving an artificial intelligence (AI) selection tool that automatically rejected older applicants. Recently, the EEOC has cautioned employers about the possibility ...

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NLRB revises standard on employers’ duty to bargain

Reaching agreement

At the end of August, the NLRB issued two full-Board decisions, Wendt Corporation and Tecnocap, LLC, that address the statutory duty of employers to bargain with unions before making changes in terms and conditions of work. The employer in Wendt had laid off 10 ...

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