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Author Archives: New England Biz Law Update staff

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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Reduce the risk of ‘take-home COVID-19’ litigation

Workers wearing masks in office meeting

A number of “take home COVID-19” lawsuits have been filed across the country. These suits involve cases in which employees are believed to have caught COVID-19 at work and then brought it home to a family member who was adversely ...

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General discriminatory language may compound hostile environment

The plaintiff claims the defendants were not shy about expressing their support for views he connected to the ‘MAGA movement.’ (Sipa USA via AP)

A habit of discriminatory language could help an employee’s claim of a hostile work environment when generalized harassment is coupled with more specific ties to an employee’s protected class, a Massachusetts trial court judge has decided. In the case of ...

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Companies announcing abortion-related benefits

Protesters outside U.S. Supreme Court after abortion ruling (AP Photo/Jacquelyn Martin)

In the wake of the U.S. Supreme Court decision reversing Roe v. Wade, some major U.S. employers have announced new abortion-related benefits, including covering costs for employees who need to travel out of state to obtain abortion care. Amazon, one ...

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U.S. Supreme Court hands rare arbitration win to plaintiffs

U.S. Supreme Court

The U.S. Supreme Court recently issued a decision that affects arbitration of employment disputes, delivering a rare win against employers and setting aside a precedent from the 1st U.S. Circuit Court of Appeals. In May 2022, the Court ruled in ...

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FTC considers restrictions on noncompetes

Employment agreement

The Federal Trade Commission is considering new regulations to restrict companies’ use of noncompete clauses. Last year, President Joe Biden asked the FTC to consider limiting these clauses. But the U.S. Chamber of Commerce contends that the FTC doesn’t have ...

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