New England Biz Law Update

Seyfarth Synopsis:  Just when employers thought they were safe to restrict offensive speech and restore decorum in the workplace, a recent decision by the Board serves as a stark reminder that offensive workplace speech may still find protection under the National Labor Relations ...

The Massachusetts Equal Pay Act became effective on July 1, 2018. It calls for all Massachusetts employers, irrespective of size, to pay men and women the same for comparable work. The new law, which amended G.L. c. 149, Section 105A, ...

The Federal Circuit recently issued its much anticipated decision in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals.  A panel of the court, consisting of Judges Dyk, Moore, and Reyna, held that “tribunal sovereign immunity cannot be asserted in IPRs.”  Relying on the Supreme ...

“Under Massachusetts law,” Judge Salinger observed inStone v. Remillard, “a corporation does not owe a fiduciary duty to its shareholders.” In support of that blackletter law, Judge Salinger cited to footnote three of Merola v. Exergen Corp., 423 Mass. 461 (1996). ...

Many employers are aware that they are responsible for the reasonable cost of an H-1B worker’s return transportation home if they terminate an employee prior to the expiration of their H-1B petition. What many employers do not realize is that ...

America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK, Thorndike misappropriated confidential information and aided ...

U.S. Courts of Appeals in all but four Circuits have now held that anti-assignment provisions in health insurance plans governed by ERISA are enforceable.  In American Orthopaedic & Sports Medicine v. Independence Blue Cross Blue Shield, No. 17-1663, 2018 WL 2224394 ...

Arbitration agreements in employment often require employees to agree to waive their ability to bring class action or collective litigation.  In its place, the employee agrees to participate in arbitration proceedings involving just the employee’s dispute.  The enforceability of these ...

On June 6, 2018, the National Labor Relations Board’s (NLRB) General Counsel issued a guidance on the agency’s new position on employee handbook rules. Reflecting recent changes in Board law, the guidance issued by NLRB General Counsel Peter Robb indicates that his ...

In the wake of mass shootings, environmental disasters, industrial accidents, drug and tobacco use pandemics, and other tragedies, retirement plan investors are paying more attention to selecting or rejecting investments based on perceived public policy benefits or detriment.  For example, ...