By enacting M.G.L.c. 112, §87A 3/4, the Massachusetts Legislature intended to preempt the common-law doctrine of in pari delicto as it applies to the negligent conduct of accountants and auditors in failing to detect fraud, the state Supreme Judicial Court ...
Read More »NLRB: employers may ban non-employee union activity in public areas
On June 14, the National Labor Relations Board ruled in a 3-1 decision that employers may prohibit non-employee union representatives from conducting organizing activities on employer property that is open to the public. UPMC Presbyterian Shadyside, 368 NLRB No. 2 ...
Read More »Massachusetts agency posts final paid leave regulations
The Massachusetts Department of Family and Medical Leave has issued its final regulations for the landmark paid family and medical leave law the state enacted last year. The department promulgated the new rules to clarify procedures, practices and policies in ...
Read More »CFPB releases new proposed rules for debt collection practices
On May 7, the Consumer Financial Protection Bureau released a Notice of Proposed Rule Making to implement the Fair Debt Collection Practices Act. The bureau’s stated purpose for the proposed rules, which would be placed in the existing Regulation F, is to ...
Read More »Employers can lose failure-to-exhaust defense if not timely raised, U.S. Supreme Court rules
On June 3, the U.S. Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their claims before the U.S. Equal Employment Opportunity Commission or ...
Read More »Judge dismisses suit brought by former Mount Ida students
A federal judge has dismissed a class action lawsuit brought by three former Mount Ida College students against former school president Barry Brown and the now-shuttered school’s board of directors. U.S. District Court Judge Richard G. Stearns threw out the ...
Read More »PFMLA notification deadline extended to June 30
Complying with the upcoming requirements of the Massachusetts Paid Family Medical Leave Act (“PFMLA”) continues to be a bit of a moving target. The Department of Family and Medical Leave (“DFML”) is providing regular updates that address employer questions and ...
Read More »SEC proposes amendments to accelerated and large accelerated filer definitions
The SEC this month voted to propose amendments to the definitions of “accelerated filer” and “large accelerated filer,” which are used to determine, among other things, the filing deadlines for periodic reports and the requirement for providing an audit of ...
Read More »Handling missing participants under Code Section 409A
Deferred compensation payments are due to one of your former executives, but the former executive is nowhere to be found. You know that the IRS has strict timing rules for payments subject to Code Section 409A (but maybe not as strict ...
Read More »Uncertainty continues over EEO-1 filing requirements for 2019
Every year, employers with 100 or more employees (and certain federal contractors) must submit a completed EEO-1 form to the Equal Employment Opportunity Commission. The EEO-1 provides demographic information about the workforce, sorted by job category, including race, sex and ethnicity. ...
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