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Author Archives: New England Biz Law Update staff

Illinois resident can’t sue Massachusetts employer under Wage Act

Abiomed building

A Massachusetts trial court judge has ruled that an Illinois resident cannot sue his Massachusetts-based employer under the state Wage Act for allegedly failing to pay him commissions on time following his termination. Plaintiff John Musachia, who briefly worked as ...

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DOL sets date for final rule on white collar exemptions

Punch clock

The U.S. Department of Labor’s (DOL) Wage and Hour Division released its semi-annual regulatory agenda, indicating that it would continue to pursue major rule changes related to worker classification and overtime exemptions. White-collar thresholds: The DOL has set an April ...

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House committee advances job training measures, attacks joint employer status

U.S. Capitol

The House Committee on Education and the Workforce recently passed two bills related to workforce training and two regarding labor rights. The committee approved a bipartisan measure to reauthorize the Workforce Innovation and Opportunity Act (WIOA), which funds federal job ...

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Massachusetts court anchors employment suit despite Texas ties

Employment agreement

A Massachusetts federal judge has refused to release jurisdiction over local wage claims against a Texas employer, overriding jurisdictional arguments and contractual provisions linking aspects of the employment relationship to Texas law and courts. In Berrey v. Evolve Cellular, Inc., ...

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Tyson Foods hit with class action over vaccine mandate

Covid-19 vaccination

Tyson Foods is facing a new class action lawsuit alleging that the company failed to properly consider religious accommodation requests and automatically placed employees with religious objections to its COVID-19 vaccine mandate on unpaid leave. Filed in federal court in ...

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10 key pitfalls that undermine workplace investigations

Open office interior

Mishandled workplace investigations can paralyze HR departments and leave companies on precariously thin legal ice. Without adherence to clear guidelines and best practices, probes meant to provide answers can instead raise more questions, undermine employment relationships and open organizations to ...

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EEOC guidance clarifies EEO-1 reporting on remote workers, establishments, more

EEOC seal

The EEOC has published additional guidance to clarify requirements related to the 2022 EEO-1 Component 1 data collection. With EEO-1 form submissions due by Dec. 5, employers should review their reporting processes to ensure data is complete, accurate and aligned ...

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No duty of care over inaccurate drug test results

Drug test result form

The Texas Supreme Court has ruled that third-party entities hired by employers to administer drug tests do not owe a common-law negligence duty to their clients’ employees. This decision follows a previous ruling that employers who conduct drug tests in-house ...

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Biden order spotlights AI labor concerns

Artificial intelligence

The recently released “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” contains provisions focused specifically on addressing rising concerns over AI’s impacts on the future of work. While stopping short of immediate policy actions, ...

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Failure-to-rehire suit continues for employee who never reapplied

Scales of justice in courtroom

A federal judge has ruled that a former office manager can move forward with his lawsuit alleging that the university he worked at unlawfully refused to rehire him in retaliation for his complaints of wage violations and age discrimination. The ...

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