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Email of draft press release subject to privilege

A Massachusetts judge sitting in the state’s Superior Court Business Litigation Session has ruled that an email from a client to its litigation counsel seeking feedback on a draft press release embedded in the email’s text was protected by the ...

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EEOC issues caregiver discrimination guidance

Modern office interior

The U.S. Equal Employment Opportunity Commission (EEOC) issued a reminder that employers who discriminate against caregivers in the workplace may violate federal law. While caregivers are not explicitly called out in federal employment laws, certain assumptions can lead employers to ...

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Employee handbook reviews recommended

The National Labor Relations Board (NLRB) may be updating its framework for workplace rules and employee handbooks. A ruling is expected within the next several months that could affect any number of HR policies. The NLRB framework has implications for ...

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Rocky road for SEC climate initiative

While questions abound as to their final form, the Securities and Exchange Commission is expected to adopt some version of ambitious climate disclosure rules proposed last month. And whatever their final form, securities experts say the forthcoming regulatory regime promises ...

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Potential changes to ‘prevailing wage’

Punch clock

A proposal from the U.S. Department of Labor (DOL) would return prevailing wage calculations under the Davis-Bacon Act to the system last used 40 years ago. Employers’ groups say the proposal unfairly favors union labor, while union groups say it ...

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Identifying employee fraud

Open office interior

“That wouldn’t happen here! My accounting team would catch it. My employees are like family!” No one likes to think their employees would steal from them, but nearly two out of three businesses have been victims of employee fraud, reports ...

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Employers may need to notify employees about tracking devices

GPS tracking on phone screen

Employers use vehicle tracking devices for a variety of reasons. Employee location data can help improve routing, safety, record keeping, and customer service. Emerging state laws, however, mean that a growing number of employers have to notify employees when tracking ...

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Unsigned agreement binds former employee

Reaching agreement

An employer’s arbitration award of $11,000 for damages and $50,000 in attorneys’ fees and costs in a case against a former employee has been upheld by a state appellate court. The former employee, James Gail, was the clinical director for ...

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Retaliation case against Wayfair revived

Wayfair is expected to face trial on a former employee’s claim of retaliation, following a ruling issued by a federal appeals court in the case of Forsythe v. Wayfair. The employee claimed that Wayfair terminated her after she made allegations ...

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Mass. SJC holds firing over personnel file rebuttal unlawful

An at-will employee who was fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance improvement plan could bring a wrongful discharge claim, the Massachusetts Supreme Judicial Court ruled in reversing ...

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