“Strength lies in differences, not in similarities.” — Stephen R. Covey “Diversity” in business means variance in gender, race, ethnicity, age, disability and experience. Few goals are more discussed, and yet so unachieved, as diversity on corporate boards of directors. ...
Read More »Employer sponsorship of volunteer work: compensable under FLSA?
Employers have many reasons for wanting to encourage volunteer work among their employees. Involvement in volunteer community service activities can help to foster a sense of camaraderie and shared purpose among employees, boosting workplace morale and leading to greater productivity. ...
Read More »Public-facing artificial intelligence policies
For some time now, in response to the California Online Privacy Protection Act, Canada’s Personal Information Protection and Electronic Documents Act, and similar statutes and regulations from other jurisdictions, any company with any web presence to speak of has provided ...
Read More »Jury selection for harassment cases in the #MeToo era
At a time when the #MeToo movement is dominating headlines, everyone is talking about sexual harassment — around the water cooler, around the family table, and online. Media coverage of harassment is pervasive, and #MeToo posts regularly go viral on ...
Read More »Corporate insulation and piercing the veil
“Virtue has a veil, vice a mask.” — Victor Hugo Corporations insulate shareholders from liability for entity debts and obligations. That is the historical reason for the corporate form. Insulation is a vital element of a robust commercial system, permitting ...
Read More »Bans on salary-history questions: a growing trend
It is a way to gauge expectations. It is frequently a source of stress and strategy for job applicants. It has been a standard part of job interviews since anyone can remember. And now, in Massachusetts, Connecticut and Vermont it ...
Read More »Management communications with auditors: what, how much and when?
The federal securities laws provide an added incentive for corporate officers at pubic registrants to be transparent and honest with their representations to their company’s auditors. In fact, if a corporate officer lies, or simply omits to tell an auditor ...
Read More »Fiduciary confusion: states, entities and illogic
This column examines the confusion in understanding fiduciary obligations of owners and managers of certain types of entities in different states, specifically Massachusetts and Delaware. Recognizing the different state judicial histories, and that law requires applying general principles to varied ...
Read More »Developments on the Massachusetts non-compete front
There has been a flurry of activity on Beacon Hill in recent years concerning the law of post-employment restrictive covenants in Massachusetts, where common law has for well over a century favored the enforcement of well-crafted non-competition agreements. Many Massachusetts ...
Read More »New DOL opinion letters offer employers guidance
After nearly a 10-year hiatus, the U.S. Department of Labor’s Wage and Hour Division recently issued three formal opinion letters, setting forth its views on various wage-and-hour issues addressed to the WHD by interested parties. Opinion letters represent official WHD ...
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