A federal investigation has found that a contractor’s failure to provide legally required safeguards and make sure they were in place to prevent trench collapses contributed to the 2022 death of an employee who was buried when an 8-foot-deep trench ...
Read More »Federal appeals court clarifies standard in FLSA overtime case
An employer should not have been granted summary judgment on claims for unpaid overtime because a lower court failed to use relational analysis to determine whether claimants were “administrative” employees exempt from the federal Fair Labor Standards Act, the 1st ...
Read More »Lingering Black Lives Matter mask ban claims tossed
A federal judge has tossed the retaliation claims of three remaining plaintiffs suing Whole Foods for allegedly discriminating against employees who supported the right to wear Black Lives Matter facial masks in the workplace. Plaintiffs Savannah Kinzer, Haley Evans and ...
Read More »FMLA doesn’t protect employee from all attendance, performance issues
While the Family and Medical Leave Act allows covered employees to take qualifying leave for their own or a family member’s serious health condition, it does not protect an employee from all issues related to performance and absences from work, ...
Read More »Supreme Court takes up religious accommodation test
The U.S. Supreme Court has agreed to hear a case that calls into question a 1977 precedent that addresses when employers may reject employees’ religious accommodation requests. Under the Court’s ruling in Trans World Airlines, Inc. v. Hardison, an employer may ...
Read More »FTC proposes blocking noncompetes
Employees could no longer require employees to sign noncompete agreements under a rule proposed by the Federal Trade Commission (FTC). The proposal, which is being regarded as a historic regulatory move, comes over a year after President Joe Biden issued ...
Read More »Supreme Court hears case on employer suits over labor strikes
A case pending before the U.S. Supreme Court has the potential to make it easier for employers to sue over labor union strikes that cause damage to company property. This month, the court heard oral arguments in a case involving ...
Read More »FAA applies to delivery drivers
Couriers who handle local, intrastate deliveries are not exempt from the Federal Arbitration Act and can be required to arbitrate disputes because they are not engaged in foreign or interstate commerce, a federal appeals court has ruled. The decision is ...
Read More »Protections expanded for pregnant and nursing workers
At the end of 2022, accommodations for pregnant and nursing employees were signed into law as part of Congress’ $1.7 trillion omnibus spending bill. The new measures extend protections from some states to apply nationwide. Here are some key elements ...
Read More »Massachusetts announces annual PFML updates
The Massachusetts Department of Family and Medical Leave (DFML) has issued new Paid Family and Medical Leave (PFML) workplace posters, notification forms, and rate sheets for all state employers. These updates are part of the DFML’s yearly adjustments to eligibility ...
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