Tag: Employment law

2024’s Immigration Developments Will Have Impact on Employment

Over the past few years, there have been much higher rates of immigration than had previously been projected. In 2019, the Congressional Budget Office (CBO)—which is tasked with providing independent, nonpartisan analysis of economic and budgetary issues to support the Congressional budget process—estimated that net immigration in 2023 would total one million people. Now that […]

pay transparency

Be Careful You Don’t Inadvertently Violate Other States’ Wage Transparency Laws

Recently, in the first of a series of articles focusing on companies’ online employment recruitment practices, we wrote about a company’s need to consider what states require an employer to include (or prohibit an employer from including) in a job application that is made available online to residents of states other than Massachusetts. Here, we […]

NLRB in Court: SCOTUS Revises Injunction Standards, Other Standards Under Review

In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as used in other civil injunction applications. Although widely anticipated as bringing harmony to an area with numerous “circuit […]

Federal Government Takes Steps Toward Regulating Artificial Intelligence

Because of the complexities and wide-ranging effects of artificial intelligence (AI), the Biden administration and Congress have cautiously approached regulating the technology. At this juncture, it isn’t clear which administrative agency and/or legislators will take the lead on regulating AI in the workplace at the federal level. However, there are recent developments in the form […]

NCAA Settlement Roils College Athletics . . . and Union Organizing

A landmark $2.8 billion settlement announced by the National Collegiate Athletic Association (NCAA) in an antitrust class action filed by former college athletes reportedly sets a path for schools to share revenue with players. Although many of the details of the settlement haven’t been made public and the judge has yet to approve it, many […]

Ask the Expert: When Can a Former Employee See Their Personnel Files?

Question: A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive? Answer: Massachusetts General Laws Ch. 149, §52C outlines what constitutes a personnel file and discusses an employer’s duty to retain that file. The statute further provides a formal process for employees to […]

Case Study: Lights, Camera, Action… and Discovery Dispute

A TV host resigned because her employer didn’t respond when she complained about her cohost’s behavior. After her cohost was fired a few months later, she sued. During the pretrial fact-finding stage (discovery), the parties disagreed over what information they were required to exchange. Let’s take a look. Combustible Sydney Watson was the cohost of […]

17 State Attorney Generals Sue to Stop EEOC’s Final PWFA Regulations

On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant Workers Fairness Act’s (PWFA) final regulations, which were published on April 19, 2024. The 17 states include Tennessee, Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, […]

Employers Take Note—Child Labor Violations Continue to Be Major DOL Focus

Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]

merger

Navigating Labor and Employment Considerations in Mergers and Acquisitions

Merger and acquisition (M&A) transactions are complex endeavors involving various legal, financial, and operational considerations. Among these considerations, labor and employment law and regulations play a crucial role in ensuring a smooth transition for both employers and employees. Whether it’s an asset purchase, a stock purchase, a merger, or another form of M&A deal, understanding […]