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Author Archives: New England Biz Law Update staff

NLRB contends reality show contestants are employees

Netflix on tablet screen

The National Labor Relations Board has filed a consolidated complaint against the creators of the Netflix show “Love is Blind,” alleging that cast members of the reality show are “employees” under the National Labor Relations Act. The General Counsel of ...

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Apple faces legal challenge over employee surveillance, speech restrictions

Apple logo on storefront

A new lawsuit against Apple Inc. highlights tensions between workplace monitoring technologies and employee privacy rights. The case could set the stage for an influential ruling on the limits of employee surveillance in the digital age. Filed under California’s Private ...

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NLRB judge finds company’s noncompete legal

Noncompete agreement

A National Labor Relations Board judge has ruled that while a wheelchair manufacturer can keep most of its restrictive employment agreement intact, including noncompete provisions, it must rescind clauses that ban workers from discussing the agreement’s terms or disparaging the ...

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Discipline for crying doesn’t show sex or gender discrimination

Empty modern office interior

A woman whose sex/gender discrimination claim rested on the allegation that she was written up for crying approximately five months before her termination was dismissed by a federal court, where she conceded that she was emotional during a meeting but ...

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DEI faces new challenges under Trump, Supreme Court decisions

U.S. Supreme Court

The landscape of diversity, equity, and inclusion (DEI) initiatives in American workplaces may shift as former President Donald Trump prepares to return to office. The new administration, coupled with recent (and pending) Supreme Court decisions, may reshape employment law. U.S. ...

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Appeals Court sets bar for ‘comparators’ in age discrimination cases

Trader Joe's storefront

A recent federal appeals court decision in an age discrimination case against Trader Joe’s has arguably established an “apples to apples” standard for employee comparisons in discrimination lawsuits. The 1st U.S. Circuit Court of Appeals upheld summary judgment for Trader ...

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More states set to implement pay transparency laws

Job listing screenshot

Three states are joining the growing movement toward wage disclosure requirements, with New Jersey, Massachusetts, and Vermont all implementing new pay transparency laws in 2025. These laws represent a significant shift in employment practices, requiring employers to be more open ...

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NLRB targets ‘stay-or-pay’ and noncompete agreements

Noncompete agreement

The National Labor Relations Board is stepping up its scrutiny of employment agreements, targeting both “stay-or-pay” provisions and non-compete clauses. NLRB General Counsel Jennifer Abruzzo issued a memo (GC Memo 25-01) outlining her view that these provisions often violate the ...

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U.S. Supreme Court to address reverse discrimination standards

U.S. Supreme Court

The Supreme Court has agreed to hear a case that could change how reverse discrimination claims are handled. The case, Ames v. Ohio Department of Youth Services, centers on whether employees from majority groups must meet stricter standards than minority ...

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DHS to issue additional H-2B Visas to address labor shortages

U.S. visa

In a move to address labor shortages, the Department of Homeland Security (DHS), in partnership with the Department of Labor (DOL), announced plans to release an additional 64,716 H-2B temporary nonagricultural worker visas for Fiscal Year 2025. The supplemental visas, ...

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