New England Biz Law Update

Recent years have seen a rise in class action lawsuits claiming that a company’s COBRA notice was inadequate and failed to meet Department of Labor (DOL) regulatory requirements. These lawsuits generally claim that the COBRA election notices either failed to ...

Late last month, the Occupational Safety and Health Administration (OSHA) issued a proposed rule that would expand the third parties who could participate in an OSHA inspection. Specifically, the rule would give a designated employee representative the right to accompany ...

Last month, a tutoring company reached a settlement with the EEOC in the amount of $365,000 in a case involving an artificial intelligence (AI) selection tool that automatically rejected older applicants. Recently, the EEOC has cautioned employers about the possibility ...

At the end of August, the NLRB issued two full-Board decisions, Wendt Corporation and Tecnocap, LLC, that address the statutory duty of employers to bargain with unions before making changes in terms and conditions of work. The employer in Wendt had laid off 10 ...

Many more workers would be eligible for overtime under a proposed rule released by the Department of Labor. According to the DOL, the proposed rule would guarantee overtime pay for most salaried workers earning less than $1,059 per week, about ...

The National Labor Relations Board has announced a new framework for determining when employers are required to bargain with unions without a representation election. The new framework, created under the Board’s decision in Cemex Construction Materials Pacific, LLC (N.L.R.B., Case 28-CA-230115), overturns ...

Businesses could be exposed to liability if the Massachusetts Legislature enacts measures banning the sale of cellular location data. Introduced in both the Senate and the House earlier this year, the Location Shield Act is billed as an act “protecting ...

A newly proposed rule to implement the federal Pregnant Workers Fairness Act seems to paint the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular ...

The Equal Employment Opportunity Commission (EEOC) recently issued new guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with vision impairments. In particular, the guidance addresses the following topics: When an employer may ask ...

The U.S. Department of Labor has announced a final rule that will require certain employers in high-hazard industries to submit more injury and illness information to the Occupational Safety and Health Administration (OSHA). Effective January 1, 2024, certain businesses in ...