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Author Archives: New England Biz Law Update staff

Union petitions, other filings with NLRB on the rise

Striking workers' picket signs

The number of union election petitions received by the National Labor Relations Board (NLRB) is up 27% since fiscal year 2023, the agency has announced. The NLRB received 3,286 union election petitions from October 1, 2023, to September 30, 2024, ...

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NLRB seeks union recognition at Trader Joe’s under new framework

Trader Joe's storefront

The National Labor Relations Board (NLRB) is pushing for Trader Joe’s to recognize and bargain with a union at a New York store, despite a failed unionization vote last year. This move comes under a new NLRB framework designed to ...

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Citizenship status errors cost employers in IER settlements

U.S. visa

The U.S. Department of Justice (DOJ) has recently announced several settlements addressing various forms of employment discrimination based on citizenship status and national origin. These cases, handled by the Civil Rights Division’s Immigrant and Employee Rights Section (IER) since June ...

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NLRB sidesteps misclassification debate, upholds illegal firing rulings

Employment agreement

In a recent decision, the National Labor Relations Board (NLRB) ruled that a fire sprinkler installation company had violated federal labor laws through unlawful terminations and other anti-union conduct but avoided directly addressing the larger issue of worker misclassification. The ...

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EEOC sues over remote work denial after stroke

Remote work

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a utilities service company alleging violations of the Americans with Disabilities Act (ADA). The suit claims that the company denied reasonable accommodations to an employee who had suffered ...

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Court rules retention bonus not a wage

Employee being handed paycheck

An employee’s retention bonus, which he earned by remaining in good standing through a certain date, does not constitute a “wage” under the Wage Act, a panel of the Massachusetts District Court’s Appellate Division has found, answering a question that ...

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EEOC kicks off enforcement of Pregnant Workers Fairness Act

Pregnant employee

In a significant push to enforce the federal Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has recently taken legal action against multiple employers for alleged violations of the new law. The PWFA, which went into ...

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HR strategies in focus as 2024 election approaches

Empty modern office interior

As the United States gears up for the 2024 presidential election, human resources professionals are bracing for potential shifts in labor and employment laws. When presidential administrations change, employment laws tend to shift too, as each administration brings its own ...

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Federal appeals court revives COVID vaccine religious exemption case

Covid-19 vaccination

The 1st U.S. Circuit Court of Appeals has revived a religious discrimination lawsuit against Beth Israel Deaconess Hospital, overturning a lower court’s dismissal. The case involves Amanda Bazinet, a former executive office manager who was fired after refusing the COVID-19 ...

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DOL can set salary threshold for overtime, court rules

Punch clock

The 5th U.S. Circuit Court of Appeals has affirmed the Department of Labor’s (DOL) authority to use salary levels as a criterion for determining overtime pay eligibility. The decision upholds the DOL’s 2019 rule that raised the minimum salary threshold ...

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