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Author Archives: New England Biz Law Update staff

When to use an outside investigator

Eventually, most organizations will face a complaint of wrongdoing involving a company employee, or worse, a company leader. When such complaints arise, the company should respond with a prompt, thorough, and fair investigation. Typically, it’s not a question of whether ...

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EEOC employer sanctions and updated COVID-19 guidance

People in masks working in office during pandemic

In July, the Equal Employment Opportunity Commission (EEOC) announced that it had entered into a conciliation agreement with a dermatology practice for violating the Genetic Information Non-Discrimination Act (GINA) after it collected COVID-19 test results for employees’ family members. The ...

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SOX whistleblower retaliation claim fails

Moakley U.S. Courthouse, Boston

Reporting an alleged violation of the Foreign Corrupt Practices Act (FCPA) does not qualify as a “protected activity” under the Sarbanes-Oxley Act (SOX), according to a ruling from a federal appeals court. In Baker v. Smith & Wesson, Inc., a ...

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Take care with attorney-client privilege

Confidential files

Attorney-client privilege recognizes that, in order to provide sound legal advice, an attorney must be fully informed. The privilege doctrine enables clients to be open and transparent with their legal counsel. In some cases, attorney-client privilege can be used to ...

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Worker can sue ex-employer for tortious interference

Noncompete agreement

An aesthetician at a medical spa who opened her own business after being terminated could sue the spa over its actions in attempting to enforce an allegedly void restrictive covenant, a Massachusetts trial court judge has held. The covenant purported ...

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Union petitions and support on the rise

Striking workers' picket signs

Americans’ support of unions is on the rise, and the number of union petitions has gone up as well — including petitions involving big, well-known companies like Starbucks and Amazon. For many years, membership in unions in the private sector ...

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Managing ‘Roe’ conversations in the workplace

U.S. Supreme Court

Meta, which owns Facebook and Instagram, told its employees not to engage in open discussion of abortion, including the U.S. Supreme Court’s recent ruling overturning Roe v. Wade. In an internal memo obtained by the New York Times, Meta said ...

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NLRB expanding special relief settlements

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

When employees have been subjected to discrimination and unfair labor practices, the National Labor Relations Board (NLRB) issues remedies. Historically, those remedies included backpay, reinstatement, and postings in the workplace. However, new guidance from the NLRB has urged their regional ...

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‘Alternate explanation’ sinks suit over ‘Black Lives Matter’ mask ban

Whole Foods market

While they had pleaded bias claims “conceptually consistent with Title VII,” Whole Foods employees disciplined for wearing Black Lives Matter face masks had not established viable discrimination or retaliation claims, the 1st U.S. Circuit Court of Appeals has affirmed. The ...

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Gay employee failed to show adverse action

Modern office interior

A gay employee who filed a discrimination lawsuit against his employer won’t be getting his day in court. A federal appellate court upheld a summary judgment, finding there was insufficient evidence of an adverse employment action for the case to ...

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