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Author Archives: New England Biz Law Update staff

NLRB concludes Starbucks again violated labor laws

Starbucks Coffee storefront

The National Labor Relations Board (NLRB) has ruled that Starbucks illegally hampered a worker from testifying at a board hearing. Per court documents, the company violated federal labor law by telling Seattle-area workers they couldn’t testify when subpoenaed unless they ...

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BYOD can complicate e-discovery

Workers in office with open floor plan

BYOD, or bring your own device, is the practice of allowing employees to use their personal devices for work purposes. That can include smartphones, tablets, and laptops. While BYOD can offer a number of benefits for employers, such as increased ...

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OSHA citation vacated in fatal forklift incident

Man driving forklift in warehouse

A federal appeals court has issued a significant decision regarding online pet retailer Chewy, Inc.’s liability under the Occupational Safety and Health Act. The court ruled that Chewy did not violate federal workplace safety laws by failing to prevent a ...

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Manufacturer hammered with record FLSA verdict

Employee's weekly time sheet

A federal jury found that East Penn Manufacturing, one of the world’s largest battery manufacturers, violated federal law by failing to compensate employees for time spent on pre- and post-shift activities. The jury awarded back wages of more than $22 ...

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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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