New England Biz Law Update

The U.S. Supreme Court has agreed to hear a case raising the issue of whether trial court proceedings should be paused during the appeal of a denial of a defendant’s motion to compel arbitration. Employers’ groups and advocates for employees ...

Employers that violate federal labor law must compensate workers for the direct consequences of unfair labor practices, the National Labor Relations Board (NLRB) has ruled. In its decision in Thryv, Inc., the Board clarified its make-whole remedy, making clear that ...

The U.S. Supreme Court has decided not to review a case brought by a Georgia fire chief who claimed that she was fired for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the ...

Coming soon to a federal district court in Massachusetts: dozens of suits filed by state troopers and corrections officers who lost their jobs because they failed to comply with a state vaccine mandate. In October, Gov. Charlie Baker announced a ...

In a recent memo, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo called for limits on electronic monitoring and automated management practices by employers. The memo describes various technologies that are increasingly being used to closely monitor and manage ...

The “Speak Out Act,” which limits the enforceability of confidentiality and nondisparagement clauses, has passed Congress and is expected to be signed into law by President Joe Biden. The Act limits “judicial enforceability of predispute nondisclosure and nondisparagement contract clauses” ...

A liability exclusion in a commercial general liability policy does not preclude coverage of a negligence claim brought by a staffing agency worker who said he suffered injuries because he was not provided with adequate protective clothing while working in ...

The Department of Labor’s Office of Inspector General has found that the Occupational Safety and Health Administration did not sufficiently protect workers from COVID-19 during the earlier part of the pandemic. The OIG report, issued on Oct. 31, found that ...

Given some evidence that an employer’s proffered reasons for firing a former employee could be construed as pretextual, a lawsuit alleging that the termination was made in retaliation for the employee’s complaint about workplace racial discrimination can go forward. While ...

According to employer-side attorneys, a recent Massachusetts verdict in favor of an employer in a misclassification case should bring comfort to employers who contract with “legitimate” businesses for independent contractors’ services. But plaintiffs’ side employment attorneys say that they hope ...