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Author Archives: New England Biz Law Update staff

State’s highest court hears challenge to ballot question on tipped workers

John Adams Courthouse

The Massachusetts Supreme Judicial Court is considering a challenge to a proposed ballot question that would increase wages for tipped workers and allow businesses to implement tip pooling among all employees. The measure, if passed, would have a direct impact ...

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NLRB judge rules Amazon CEO violated labor law

Amazon logo on front of building

A National Labor Relations Board (NLRB) administrative law judge has found that Amazon CEO Andy Jassy’s public comments about unionization efforts at the company violated federal labor law. The decision, issued by Judge Brian Gee earlier this month, could have ...

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Trial begins on employment status of Uber and Lyft drivers

Pickup spot for Lyft and Uber

A pivotal trial to determine whether Uber and Lyft misclassified their drivers as independent contractors instead of employees has begun in Massachusetts. The outcome of this trial could have significant implications for workers, businesses, and the ride-hailing industry as a ...

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Supreme Court expands transportation worker arbitration exemption

U.S. Supreme Court

The U.S. Supreme Court has unanimously ruled that transportation workers are exempt from mandatory arbitration under the Federal Arbitration Act (FAA) even if they do not work for a transportation company. The decision has ramifications for employers who rely on ...

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NLRB’s expanded joint employer rule remains in limbo

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

The fate of the National Labor Relations Board’s (NLRB) controversial joint employer rule remains uncertain after facing legal challenges in court and opposition from Congress. The rule aimed to broaden the standard for determining when two entities are considered joint ...

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On FTC noncompete ban, it’s prepare but wait-and-see

Federal Trade Commission

While there is some skepticism as to whether it will survive the immediate legal challenges it faces, employers should take steps to prepare for the possibility that the comprehensive federal ban on new noncompete agreements recently announced by the Federal ...

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Fired worker can sue for retaliation over BLM masks

Close-up logo of Whole Foods Market at store entrance facade

A federal appeals court has revived a former Whole Foods employee’s claim that she was unlawfully terminated in retaliation for protected oppositional behavior when she repeatedly disobeyed and protested the company’s ban on “Black Lives Matter” face masks. Whole Foods ...

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EEOC releases guidance on workplace harassment

Modern office interior

The U.S. Equal Employment Opportunity Commission (EEOC) has published a final guidance entitled, “Enforcement Guidance on Harassment in the Workplace.” This is the first time the workplace harassment guidance has been updated since 1999. Since then, significant changes in the ...

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FTC bans non-compete agreements for most U.S. workers

Employee noncompete agreement

The Federal Trade Commission has issued a final rule banning non-compete agreements for nearly all U.S. workers, a move that is expected to affect approximately 30 million employees. The rule, which passed with a 3-2 vote, aims to promote competition, ...

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