New England Biz Law Update

In an important, but expected move, the National Labor Relations Board has issued a proposed rule revising the legal test that is used to determine whether two employers are considered “joint employers” under the National Labor Relations Act.  Consistent with ...

On October 19, the Department of Justice (DOJ) announced that it settled allegations that a Florida-based mortgage lender violated the False Claims Act (FCA) by falsely certifying that it complied with Federal Housing Administration (FHA) mortgage insurance requirements for certain loans originated between 2006 ...

Seyfarth Synopsis: The government’s anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy. Normally, after a bankruptcy petition is filed, the Bankruptcy Code’s automatic stay enjoins other actions against the ...

In spite of all the controversy swirling around Judge Brett Kavanaugh’s nomination to take Justice Kennedy’s seat, it’s business as usual at the U.S. Supreme Court as the justices kicked off a new term on Oct. 1. Does the ADEA’s 20-employee ...

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which was signed into law by President Trump on Aug. 13 as part of the omnibus John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA”), expands the jurisdiction and ability of the Committee ...

By now, many employers are aware that Massachusetts law governing non-competition agreements is changing at the end of this month. A non-competition covenant or agreement is a provision in either an employment agreement, offer letter or separate agreement where an ...

On September 7, 2018, the Massachusetts Supreme Judicial Court refused to enforce a non-competition and non-solicitation agreement between a Massachusetts company and its California-based former employee who joined the employer’s competitor in California. The SJC reached this decision, in Oxford Global ...

The retail industry closely guards customer and distribution lists, the software and code for the operation of its websites and downloadable mobile apps, and, in many cases, algorithms used to evaluate and monitor sales trends. In many cases, these valuable assets ...

Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Healthcare workers face a range of safety issues, such as ergonomics, blood borne pathogens, and ...

A new ruling was recently released by the Internal Revenue Service that presents a very intriguing possibility for employers looking to economically support employees with student debt burdens. The idea is that an employee can receive the economic equivalent of ...