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Author Archives: New England Biz Law Update staff

Whistleblower’s constructive discharge claim can’t go forward

Resigning employee packing up desk

A recent decision from the Massachusetts Appeals Court highlights how hard it is for an employee suing for constructive discharge to prove that they had no other option except for resigning. Constructive discharge occurs when an employee resigns because the ...

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Pending bill would ban hairstyle discrimination at work

Employees would be protected from discrimination based on natural hair and hairstyles associated with race and national origin, under a measure that has been approved by the U.S. House of Representatives. The bill is called, “The Creating a Respectful and ...

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Business groups fighting expected DOL overtime regs

Employee's weekly time sheet

Under an upcoming new overtime rule, the U.S. Department of Labor is expected to propose higher white-collar salary level thresholds, which means that more employees would become eligible for overtime pay under the federal Fair Labor Standards Act (FLSA). Experts ...

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EEOC, DOJ warn about disability discrimination with AI

Artificial intelligence concept

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) have each released a technical assistance document discussing potential disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions. Employers are ...

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Lawyers offer businesses advice on planning for succession

Business owners may be so busy running their companies that they don’t stop to consider what the future might hold if they weren’t there. Owners, however, can exercise control over what that picture will look like — as they contemplate ...

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New guidance for Massachusetts PFML

Paid family leave form

Beginning in January of last year, Massachusetts employees became eligible for a new state-sponsored benefit that provides up to 26 weeks of job protected leave for medical and family reasons. Paid Family Medical Leave (PFML) is separate from the federal ...

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Terminated employee awarded 3x late-paid wages

Paycheck being handed to employee

Terminating an employee in Massachusetts? Have a check in hand. That’s the takeaway from a Massachusetts Supreme Judicial Court (SJC) ruling that recently awarded an employee triple damages for late payment of some accrued benefits. When Beth Reuter was terminated ...

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Tips for employee background checks

Background check form

Many employers rely on background checks when making important hiring decisions. In doing so, they need to comply with a patchwork of local, state, and federal laws. While federal law does not generally bar criminal background checks, state and local ...

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EEOC adds nonbinary gender option

Individuals making complaints to the Equal Employment Opportunity Commission (EEOC) can now select a nonbinary “X” gender marker during voluntary self-identification questions. Making the announcement on Transgender Day of Visibility, the EEOC indicated it will allow employees filing discrimination claims ...

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Supervisor authority at issue in Delta case

Delta Airlines plane on runway

A former Delta flight attendant has lost her bid to sue the airline over an alleged sexual assault by a pilot. The plaintiff argued that the airline was liable because the pilot was a supervisor, but a federal district court ...

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