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| NLRB Finds Arbitration Provision Banning Class and Collective Actions to be Unlawful |
Jan 11, 2012 |
Lyndsey M. Kruzer, Robert A. Fisher |
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Employment Bulletin - January 11, 2012
SUMMARYOn January 3, 2012, the National Labor Relations Board (NLRB) held in D.R. Horton that a mandatory arbitration agreement between an employer and its employees violated the National Labor Relations Act (NLRA), because it required employees to waive their rights to participate in class or collective actions. Specifically, the agreement stated that an arbitrator “may hear only Employee’s individual claims and does not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of employees in one arbitration proceeding.” [more...]
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| Connecticut Mandates Paid Sick Leave For Service Workers |
Dec 15, 2011 |
Jonathan A. Keselenko |
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Employment Bulletin - December 15, 2011
SUMMARYEffective January 1, 2012, employers with 50 or more employees in Connecticut are required to pay sick leave to qualified “service workers.” Connecticut becomes the first state in the country to mandate paid sick leave. [more...]
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| Massachusetts Enacts Law Prohibiting Discrimination Against Transgendered Individuals |
Dec 2, 2011 |
Lyndsey M. Kruzer, Robert A. Fisher |
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Employment Bulletin - December 2, 2011
SUMMARYLast week, Governor Deval Patrick signed into law “An Act Relative to Gender Identity,” also known as the Massachusetts Transgender Equal Rights Bill. This law, which will go into effect in July 2012, extends the state’s equal rights provisions to transgendered individuals by prohibiting discrimination on the basis of gender identity in employment, housing, credit and education. The law amends the existing state anti-discrimination law, Chapter 151B, to include “gender identity” as a protected category. [more...]
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| National Labor Relations Board Delays Start of Rule Requiring Employers to Post a Notice About Workers’ Labor Law Rights |
Oct 6, 2011 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - October 6, 2011
SUMMARY
On August 25, 2011, the National Labor Relations Board implemented a rule which requires virtually all private employers in the United States to post notices about workers’ rights under the National Labor Relations Act. This new rule was scheduled to take effect on November 14, 2011, but the NLRB announced yesterday that it will delay imposition of the rule until January 31, 2012.
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| Supreme Judicial Court Issues Two Decisions Regarding the Massachusetts Payment of Wages Act |
Sep 1, 2011 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - September 1, 2011
SUMMARYYesterday, the Massachusetts Supreme Judicial Court issued two decisions clarifying the scope of the Payment of Wages Act. First, in Awuah v. Coverall North America, Inc., the Court held that a company which had misclassified employees as franchisees was not permitted to withhold payment of wages until it received payments from customers. Second, in Rosnov v. Molloy, the Court held that the July 12, 2008 amendment to the statute, which made treble damages mandatory, was not retroactive.
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| National Labor Relations Board Issues Final Rule Requiring Employers to Post Notices About Employees’ Rights under the National Labor Relations Act |
Aug 26, 2011 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - August 26, 2011
SUMMARY
The National Labor Relations Board has issued a final rule which requires virtually all private employers in the United States to post notices about workers’ rights under the National Labor Relations Act (“NLRA”). The new rule is derived from an earlier proposed rule that was published on December 22, 2010. The rule is scheduled to be published in the Federal Register on August 30, 2011 as 29 C.F.R. §§ 104.201 et. seq., and will take effect 75 days later, on November 14, 2011.
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| Employment Bulletin - June 22, 2011 |
Jun 22, 2011 |
Robert A. Fisher |
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U.S. Supreme Court Ends Massive Class Action Against Wal-Mart
SUMMARY
On Monday, the Supreme Court handed down its heavily anticipated decision in Wal-Mart Stores, Inc. v. Dukes, regarding whether or not the plaintiffs could pursue sex discrimination claims on behalf of more than one and half million current and former female employees of Wal-Mart. The Court found that the case could not proceed as a class action because the alleged class did not share common questions of fact or law. Further, the Court held that claims for individualized relief (such as backpay) do not satisfy the requirements for a class to be certified under the federal rules.
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| DOL Launches “App” To Track Hours |
May 27, 2011 |
Michael L. Rosen |
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Employment Bulletin - May 27, 2011
SUMMARYIn a latest example of the more active stance of the U.S. Department of Labor (DOL) in enforcing the federal wage and hour laws, the DOL recently announced its launch of a new timesheet application for smart phones. The purpose of this “app” is to enable employees who believe they are being misclassified as “exempt” from the overtime requirements or are not being paid for all of the hours they have worked to keep a separate “shadow” record in order to support a later claim for wages owed. [more...]
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| Supreme Court Upholds Arizona Law On Illegal Immigration |
May 27, 2011 |
Punam Singh Rogers |
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Employment Bulletin - May 27, 2011
SUMMARY
Yesterday, the Supreme Court held in Chamber of Commerce v. Whiting that the controversial Arizona law on illegal immigrationthe Legal Arizona Workers Act of 2007was not preempted by federal immigration laws. The federal Immigration Reform and Control Act (IRCA) bars employers from employing individuals who are not authorized to work in the United States. [more...] [Learn More]
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| Massachusetts Supreme Judicial Court Holds That Former Employee Can Bring Retaliation Claim Based on Conduct Which Occurred Two Years After the Termination of Employment |
May 17, 2011 |
Lyndsey M. Kruzer, Robert A. Fisher |
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Employment Bulletin - May 17, 2011
SUMMARYLast week, the Massachusetts Supreme Judicial Court held that an employer may be liable under Massachusetts General Laws Chapter 151B to a former employee for retaliatory conduct that occurs after the employment relationship has ended. In Psy-Ed Corp. v. Klein, the Court ruled that the employer’s filing of a “baseless” lawsuit against a former employee could constitute unlawful retaliation under Chapter 151B. [more...]
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| EEOC Issues Final Regulations Implementing the ADA Amendments Act |
Mar 31, 2011 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - March 31, 2011
SUMMARYLast week, the Equal Employment Opportunity Commission (EEOC) published its final regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA). The regulations, which will become effective May 24, 2011, enforce the broadened scope of coverage as provided by the ADAA, and offer more specific guidance as to what types of impairments constitute “disabilities” under the law. [more... ]
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| Supreme Court Holds that Oral Complaints Constitute Protected Activity Under the Fair Labor Standards Act |
Mar 23, 2011 |
Andrew J. Orsmond |
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Employment Bulletin - March 23, 2011
SUMMARYYesterday, the United States Supreme Court clarified the scope of the anti-retaliation provision of the Fair Labor Standards Act (FLSA), holding that oral complaints by employees may constitute protected activity. The FLSA prohibits employers from discharging or discriminating against an employee because that employee “filed any complaint” under or relating to the statute. In Kasten v. Saint-Gobain Performance Plastics, the Supreme Court held that this language covers oral complaints, not just written ones. [more... ]
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| Massachusetts Supreme Judicial Court Holds that Arbitration Clause Does Not Preclude MCAD Proceeding |
Mar 15, 2011 |
Robert A. Fisher |
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Employment Bulletin - March 15, 2011
SUMMARYThe Massachusetts Supreme Judicial Court recently held that an employee could file a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), despite that she was subject to a valid arbitration agreement that expressly covered claims of employment discrimination. In Joulé, Inc. v. Simmons, Randi Simmons claimed that her employer, Joulé, subjected her to a hostile work environment and discriminated against her on the basis of gender and pregnancy. [more...]
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| U.S. Supreme Court Decision Clarifies “Cat’s Paw” Theory of Liability |
Mar 7, 2011 |
Robert A. Fisher |
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Employment Bulletin - March 7, 2011
SUMMARY
Last week, the U.S. Supreme Court held in a unanimous decision that an Army reservist who had been terminated from his civilian job as a hospital technician could bring a claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on evidence that the individual who terminated him, an unbiased human resources manager, relied in part upon discipline issued by the employee’s two immediate supervisors, who were motivated by hostility toward the employee’s military obligations.
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| Superior Court Judge Rules that Massachusetts Wage Act Applies to Severance Pay |
Feb 9, 2011 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - February 9, 2011
SUMMARYFor years, Massachusetts courts have held that the Massachusetts Wage Act does not cover payments to employees such as bonuses and severance. However, a recent decision of the Massachusetts Superior Court may represent a significant shift in the opposite direction. In Juergens v. MicroGroup, Inc., the Superior Court held that the term “wages” under the Wage Act includes severance pay.
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| Supreme Judicial Court Limits Employers’ Ability to Deduct Losses From Wages |
Jan 27, 2011 |
Robert A. Fisher |
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Employment Bulletin - January 27, 2011
SUMMARYEarlier this week, the Massachusetts Supreme Judicial Court sharply limited employers’ ability to deduct losses from employees’ wages under the Massachusetts Wage Act. The Wage Act requires the timely payment of wages but states that a “valid set-off” is a defense to a claim of failure to pay wages. Until now, there has been little guidance as to what constitutes a valid set-off, and it had been widely believed that the provision allows employers to make deductions for a variety of losses or damages caused by employees. However, in Camara v. Attorney General, the Supreme Judicial Court held that an employer could not dock employees’ pay based on its unilateral determination that employees had caused a loss and were liable to the employer for damages. [more...]
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| Supreme Court Holds That Fired Fiancé of EEOC Complainant Has Title VII Retaliation Claim |
Jan 25, 2011 |
Lyndsey M. Kruzer, Robert A. Fisher |
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Employment Bulletin - January 25, 2011
SUMMARYYesterday, the U.S. Supreme Court held that Title VII permits third-party retaliation claims, in which the plaintiff alleges that he suffered an adverse employment action in retaliation for protected conduct by another employee. In Thompson v. North American Stainless, the plaintiff alleged that he was fired three weeks after his fiancé, also an employee of the company, filed a charge of sex discrimination with the Equal Employment Opportunity Commission. The Supreme Court held that the plaintiff had alleged a viable claim under Title VII, despite that he himself had not engaged in any conduct protected by the statute. [more...]
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| National Labor Relations Board Proposes Regulation Requiring Employers to Post Notices About Employees’ Rights under the National Labor Relations Act |
Dec 22, 2010 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - December 22, 2010
SUMMARY
The National Labor Relations Board has issued a proposed regulation that, if finalized, would require virtually all private employers in the United States to post notices about workers’ rights under the National Labor Relations Act (“NLRA”).
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| MCAD Issues “Fact Sheet” on CORI Reform |
Nov 23, 2010 |
Andrew J. Orsmond, Robert A. Fisher |
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Employment Bulletin - November 23, 2010
SUMMARY
Last week, the Massachusetts Commission Against Discrimination issued a “Fact Sheet” regarding certain provisions of the Criminal Offender Record Information (CORI) Reform law that went into effect on November 4, 2010.
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| EEOC Issues Regulations Relating To the Genetic Information Nondiscrimination Act of 2008 |
Nov 11, 2010 |
Kristyn Bunce DeFilipp, Robert A. Fisher |
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Employment Bulletin - November 11, 2010
SUMMARY
Over two years ago, President George W. Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (“GINA”), which, among other provisions, prohibits discrimination in employment on the basis of genetic information
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