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Author Archives: New England Biz Law Update staff

U.S. Supreme Court upholds whistleblower protections

U.S. Supreme Court

In a unanimous ruling, the U.S. Supreme Court has ruled that whistleblowers need not prove that their employer acted with “retaliatory intent” to allow for protection under the federal Sarbanes-Oxley Act (SOX). The ruling in the case, Murray v. UBS Securities, LLC, is ...

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OSHA releases proposed rule for emergency responders

Ambulance-on-residential-street

The Occupational Safety and Health Administration (OSHA) has released a new proposed role to address “the full range of hazards currently facing emergency responders.” The new Emergency Response Standard, proposed on February 5, 2024, replaces the existing Fire Brigades Standard ...

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NY pizzeria settles transgender harassment lawsuit

Pizzeria

A pizzeria in the state of New York has agreed to pay $25,000 and provide other relief to settle a sex-based harassment lawsuit filed by the EEOC. The agency charged that a transgender cook at T.C. Wheelers Bar & Pizzeria ...

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H-1B visa rule shifts to beneficiary focus

U.S. visa

The U.S. Citizenship and Immigration Services (USCIS) has released a final rule intended to reduce the risk of fraud in the H-1B registration process. Employers must be aware of the new rules as the FY 2025 registration period begins at 12 ...

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Employee can bring FCRA claim over background check

Ambulance on road

A state appeals court has decided that a plaintiff can sue her former employer in state court under the federal Fair Credit Reporting Act (FCRA) for conducting a pre-hire background check that did not technically comply with the FCRA’s disclosure ...

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Hotel required to pay $42,000 to settle ADA lawsuit

Hotel room

Library Hotel, a luxury boutique hotel in New York City, must pay $42,000 to a former front desk employee to resolve a disability discrimination lawsuit filed by the EEOC under the Americans with Disabilities Act (ADA). According to the lawsuit, ...

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Documenting employee discipline is essential

Company documents

A recent court case highlights why properly documenting employee disciplinary issues is so critical for employers. In Craig Price II v. Valvoline, a federal appeals court upheld Valvoline’s termination of Craig Price, a Black employee who claimed race discrimination and ...

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IRS expands ERC amnesty program

Internal Revenue Service federal building Washington DC

The IRS has launched a new program for businesses that received an Employee Retention Credit (ERC) in error and want to return the funds. In late December, the IRS announced expansion of the ERC Voluntary Disclosure Program to include employers ...

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DOL issues final independent contractor rule

Department-of-Labor

The U.S. Department of Labor has published its final rule on how to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The rule, which becomes effective on March 11, 2024, ...

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Pilot program would allow more H-1B visa renewals

U.S. visa

The U.S. Department of State has launched a pilot program allowing certain H-1B visa holders to renew their visas within the United States instead of having to travel abroad. To be eligible, H-1B visa holders must meet a specific set ...

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