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Author Archives: New England Biz Law Update staff

Tesla employee says rap music made workplace hostile

Tesla showroom (ifeelstock/Deposit Photos)

A former Tesla employee has filed a federal lawsuit in Nevada, alleging that the company subjected her to a sexually hostile work environment, including obscene rap music and inappropriate actions from a coworker. Regarding the music, the suit claims that ...

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EEOC must track intake timing by field office

On average, the U.S. Equal Employment Opportunity Commission (EEOC) takes 69 days to process a discrimination claim. The slowest office took 111 days while the fastest office took just 11, according to findings from the U.S. Government Accountability Office (GAO), ...

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Think twice about ‘quiet firing’

Open office interior

First there was “quiet quitting,” a phenomenon in which employees reduce the effort and initiative they put into their job until they’re doing the bare minimum. Then, that was quickly followed by the idea of “quiet firing,” or effectively reducing ...

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What businesses need to know about AI rights

Artificial intelligence

A “Blueprint for an AI Bill of Rights” has been published by the White House Office of Science and Technology Policy. The framework, which is only guidance at this time, applies to the use of automated technology that impacts someone’s ...

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Bankrupt employer can avoid debt from Wage Act judgment

A U.S. Bankruptcy Court judge in Massachusetts has found that a judgment debt owed by a contractor to two workers in their state Wage Act case can be discharged. Plaintiffs Julio Simoes and Eduardo Pereira, who performed construction work for ...

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DOL proposes change to independent contractor definition

Department-of-Labor

The U.S. Department of Labor (DOL) has issued a notice of proposed rulemaking related to classifying employees as independent contractors. The change could result in more workers being classified as employees and therefore entitled to certain federal protections such as ...

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Federal judge throws out EEOC’s LGBTQ guidance

A federal judge in Texas has ruled an Equal Employment Opportunity Commission (EEOC) guidance on LGBTQ+ protections is unlawful. The guidance stipulated that employers should allow transgender employees to access bathrooms aligned with their gender identity and that acts countering ...

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Employee monitoring: “They can read team chats?!”

Remote work

A TikTok video racked up views after the poster pointed out that companies can monitor employee communication in workplace messaging apps like Microsoft Teams. The video, which has since been deleted, pointed out that it’s common for employers to monitor ...

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Hear employees out before disciplinary action

When employee misconduct issues arise, give employees the opportunity to tell their side of the story. Failure to hear an employee out could increase organizational risk. Generally, it’s best to: Conduct a thorough investigation. If you don’t interview the accused, ...

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Supreme Court term could impact employment law

U.S. Supreme Court

The U.S. Supreme Court began a new term earlier this month, and the upcoming docket includes a number of cases with workplace implications. Cases with direct impact on employment law raise issues of overtime pay and jurisdiction for employee lawsuits. ...

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