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Author Archives: New England Biz Law Update staff

USCIS provides guidance on employment authorization under ‘compelling circumstances’

Open office interior

U.S. Citizenship and Immigration Services (USCIS) recently released policy guidance that could help certain foreign-born workers receive or renew an Employment Authorization Document (EAD). The guidance addressed “compelling circumstances” for principal applicants and their dependents. While employment authorization for certain ...

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Expect a patchwork of state and local AI hiring laws

Artificial intelligence

A New York City law going into effect this month will regulate how companies use artificial intelligence (AI) software in the hiring process. The city passed the law in 2021 but didn’t adopt specific rules until April of this year. ...

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NLRB redefines entrepreneur issue in contractor status

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

A June decision by the National Labor Relations Board (NLRB) could make it easier for workers to be classified as employees rather than independent contractors. The board’s ruling in Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local ...

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$630 million legal-malpractice claim can proceed

Contract awaiting signature

A trial judge in Massachusetts has ruled that a partner in a multi-billion-dollar hedge fund can bring a malpractice claim against law firm Proskauer Rose for incorporating a provision in his limited partnership agreement that enabled the fund’s general partner ...

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More Americans testing positive for marijuana after workplace accidents

marijuana leaf

The percentage of American employees testing positive for marijuana following a workplace accident has reached its highest level in 25 years, according to a new report from Quest Diagnostics. Researchers reviewed the results of more than 10.6 million samples taken ...

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NRLB general counsel says noncompetes are generally unlawful

Employee noncompete agreement

The National Labor Relations Board has issued a memorandum asserting that noncompete agreements generally violate a worker’s right to engage in collective action to improve their working conditions, as protected under the National Labor Relations Act. The memorandum, promulgated on ...

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Supreme Court: Unions must take precautions to protect company property

Striking workers' picket signs

The U.S. Supreme Court, in an 8-1 decision, has held that the National Labor Relations Act (NLRA) does not prevent a company from filing a lawsuit in state court alleging intentional destruction of property by a union during a labor ...

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DOL issues guidance on PUMP Act

Breast pump on table

Breastfeeding employees have the right to pump milk at work, as protected by the Fair Labor Standards Act (FLSA). An FLSA amendment in 2010 was the first to include break time and space requirements for pumping. On December 29, 2022, ...

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Excluding interns from your 401(k) plan

401k plan contribution summary

As the summer intern season begins, many employers are wondering: Do I have to offer our 401(k) plan to these temporary employees? Generally, the answer is no — as long as you set your policy up appropriately. An employee must ...

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