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Author Archives: New England Biz Law Update staff

Fee award upheld over deleted texts

Moakley U.S. Courthouse, Boston

A defendant who violated the non-competition and non-solicitation obligations in his employment contract could be ordered to pay his former employer more than $100,000 in counsel fees as a sanction for failing to preserve relevant text messages, a federal appeals ...

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Supreme Court ‘wedding website’ decision could have employment implications

U.S. Supreme Court

The recent U.S. Supreme Court decision in 303 Creative LLC v. Elenis dealt with the creation of wedding websites, not employment issues. But employers are wondering if the case could impact their anti-discrimination policies and employment actions. Case background In ...

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Rule proposed to improve mental health parity

Health care benefits

The federal government is working to ensure that Americans have the same insurance coverage for mental health services as they do for physical health services. Late last month, the Departments of the Treasury, Labor, and Health and Human Services released ...

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Crackdown on illegal deductions, overtime violations continues

Employee being handed paycheck

The U.S. Department of Labor has been cracking down on overtime violations and illegal deductions. In one recent case, DOL Wage and Hour Division investigators recovered more than $66K in back wages for 20 workers at Bellinger Parts Group in South Carolina. ...

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DHS announces new Form I-9 and remote process

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security, has released a new version of Form I‑9 for employment eligibility verification and a new process to conduct verification electronically. Employers are required to use Form I‑9 to ...

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Three labor bills advance to Senate floor

U.S. Capitol

A Senate panel has approved legislation seeking to address wage discrimination, sick leave, and collective bargaining rights. The Health, Education, Labor, and Pensions (HELP) Committee, chaired by Sen. Bernie Sanders, advanced the following bills: PRO Act: The Richard L. Trumka ...

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NLRB concludes Starbucks again violated labor laws

Starbucks Coffee storefront

The National Labor Relations Board (NLRB) has ruled that Starbucks illegally hampered a worker from testifying at a board hearing. Per court documents, the company violated federal labor law by telling Seattle-area workers they couldn’t testify when subpoenaed unless they ...

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BYOD can complicate e-discovery

Workers in office with open floor plan

BYOD, or bring your own device, is the practice of allowing employees to use their personal devices for work purposes. That can include smartphones, tablets, and laptops. While BYOD can offer a number of benefits for employers, such as increased ...

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OSHA citation vacated in fatal forklift incident

Man driving forklift in warehouse

A federal appeals court has issued a significant decision regarding online pet retailer Chewy, Inc.’s liability under the Occupational Safety and Health Act. The court ruled that Chewy did not violate federal workplace safety laws by failing to prevent a ...

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Manufacturer hammered with record FLSA verdict

Employee's weekly time sheet

A federal jury found that East Penn Manufacturing, one of the world’s largest battery manufacturers, violated federal law by failing to compensate employees for time spent on pre- and post-shift activities. The jury awarded back wages of more than $22 ...

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