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Author Archives: New England Biz Law Update staff

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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Mass. high court rejects ballot initiative on independent contractors

Pickup spot for Lyft and Uber

A ballot initiative strongly supported by ridesharing and restaurant delivery services to secure their workers’ status as independent contractors will not move forward, the Massachusetts Supreme Judicial Court has ruled. Uber Technologies Inc., Lyft Inc., and DoorDash Inc. advocated for the proposed ballot initiatives ...

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NLRB changes notice requirement for workplaces affected by COVID-19

The National Labor Relations Board has modified the timing of its electronic notice-posting requirement when an employer has not yet reopened its facility due to COVID-19, or a substantial number of employees have not yet returned to work on site, ...

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OSHA starts new COVID-19 enforcement program

Businessmen in masks bumping elbows

OSHA has announced that COVID-19 enforcement is the agency’s top priority for 2022. The program will involve inspection of “high hazard” employers and further inspection of health care employers that have received COVID-19 complaints in the past. To open an ...

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Rule would make it easier for spouses, dependents to get health care coverage

It would be more affordable for many spouses and dependents who are currently covered under employer-sponsored family health insurance plans or currently uninsured to buy coverage through the Affordable Care Act (ACA) Marketplace, under a proposed rule issued by the ...

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Studies find EEOC’s move to virtual mediation successful

Zoom on laptop screen

Two independent studies have found that the EEOC’s mediation program — including the transition from in-person to online mediation as a result of the pandemic — has been successful. Study participants said that they view the EEOC’s voluntary mediation program ...

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Union resurgence means employers must stay aware

A recent Gallup poll found that union approval is at the highest rate it has been since 1965, with 68% of Americans saying they approve of labor unions. From October 2021 through March 2022, the National Labor Relations Board reported ...

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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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