New England Biz Law Update

Where an employee alleged that he was fired because his exposure to COVID-19 led his employer to regard him as having a disability, but his complaint did not show he was regarded as disabled, he has failed to state a ...

An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...

As inflation and other market indicators sound potential alarms bells on an economic downturn, employers could be navigating through an uptick in human resource challenges that they haven’t dealt with recently. When companies start to lay off workers, legal work ...

The U.S. Equal Employment Opportunity Commission’s latest guidance regarding COVID-19, as described in more detail below, “makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees ...

Two and a half years out from the wide-spread arrival of the COVID-19 pandemic in the United States, working from home has become much more of a choice for workers and jobseekers, rather than an emergency measure. According to the ...

The 8th U.S. Circuit Court of Appeals recently ruled that state employees who were not members of unions were not entitled to a return of “fair share” fees collected before a landmark 2018 U.S. Supreme Court ruling. In its 2018 ...

Earlier this summer the U.S. Supreme Court issued its expected ruling in Dobbs v. Jackson Women’s Health Organization, which overruled long-standing precedent and allowed individual states to regulate access to abortion services. At least twenty-six states immediately banned abortion or ...

A federal appellate court has reversed an award of summary judgment to U.S. Labor Secretary Martin Walsh in a fair labor suit brought against a Minnesota company. The court determined that the competing narratives of “employment relationship” and “independent contractor ...

As communities continue to be shocked at the gas pump, soaring inflation and whispers of “recession,” there has been an increase in layoffs in certain industries — particularly technology, retail and food. RIFs, if done correctly, can help companies ease ...

Regardless of the size of your organization, or the industry in which you do business, good and accepted practice requires that there be someone responsible for risk management, and that you have internal risk management controls, i.e., a risk management ...