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Author Archives: New England Biz Law Update staff

Change to Massachusetts PFMLA Act effectively vetoed

A provision in the Massachusetts state budget would have amended the state’s Paid Family and Medical Leave Act (PFMLA). But the governor has not signed the amendment. Legislation would have allowed employees to use their accrued paid leave to supplement ...

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Dos and don’ts when an employee is arrested

You’ve just received notice that an employee has been arrested. A local news outlet is calling to confirm the person’s employment history and the employee rumor mill is already active. Now what? First consult legal counsel, inside or outside your ...

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CROWN Act signed into law

Massachusetts State House

Massachusetts has become the latest state to ban discrimination based on natural hairstyles. On July 26, 2022, Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair (“Crown”) Act. The act prohibits hair discrimination in workplaces ...

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Monkeypox: Employer considerations

Monkeypox virus testing

The World Health Organization has declared monkeypox to be a health emergency, and several U.S. states have followed suit. Monkeypox is not expected to reach pandemic levels, but employers may wish to review their infectious disease and other relevant workplace ...

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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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