This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and Casino. In advance of the upcoming presidential election, Jeff and John discuss what restrictions employers can put in place about discussing politics in the workplace, what protections employees have and how some political discussions can lead to liability under discrimination statutes.
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In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Scott Casher, Partner and Co-Chair, Labor and Employment Practice Group, joins host Jeffrey Stewart for a discussion on what the future holds for Non-Compete Agreements in the United States after the ban proposed by the FTC. Jeff and Scott briefly discuss the history of non-competes in the country, the details of the proposed, the potential challenges that have already been filed, and how employers should respond.
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In this episode, host Jeff Stewart sits down with Tom Hams, Managing Director, National EPLI
Practice Leader at Aon, to discuss all things EPLI in The Employment Law Counselor podcast.
Among the topics covered are recent nuclear verdicts, attacks on DEI initiatives and wage and
hour lawsuits. Jeff and Tom also preview the upcoming Professional Liability Underwriting
Society EPLI Symposium.
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In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart sits down with Chris Williams from Travelers to understand how insurers underwrite EPLI policies, including what information they need, what factors they look at most, and even what industries they may stay away from. In addition, Chris and Jeff preview PLUS’s upcoming EPLI symposium.
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With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the following:
State Minimum Wage Changes
The federal minimum wage ($7.25/hour) has not changed in over a decade, but state and local laws pertaining to minimum wage rates are constantly changing. Employers should consider reviewing applicable minimum wage laws in their jurisdiction and evaluate their workforce (standard/seasonal/tipped/minor workers, etc.) to determine employee rate of pay.Continue Reading
In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse by failing to excuse her from the obligation to work overtime when needed.
The nurse was diagnosed with rheumatoid arthritis and interstitial lung disease, causing her to experience stiffness, lack of energy, difficulty breathing, pain in her lungs and an inability to run or climb stairs. In 2007, the hospital excused her from working overtime as a temporary ... Continue Reading
In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium pay where the spas also sold retail products on Sundays.
Prior to January 1, 2023, Massachusetts law generally prohibited commercial activities on Sunday, but provided numerous exemptions, including for the operation of businesses that provided beauty and massage therapy services. Another exemption allowed businesses to sell retail goods on Sundays ... Continue Reading
On August 30, 2023, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would affect certain exemptions with respect to the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements.
Under the FLSA, employees who are not specifically exempt, must receive pay for hours worked in excess of 40 hours in a workweek at a rate not less than one and one-half their regular rate of pay. The proposed rule substantially revises the salary threshold applicable to executive, administrative, and professional (EAP) employees, as well as “highly ... Continue Reading
In the newest episode of the Employment Law Counselor hosted by Jeff Stewart in collaboration with Professional Liability Underwriting Society, John Baker, Attorney, joins the chat titled “Retaliation Claims are on the Rise. Jeff and John cover various instances of retaliation complaints and provisions, while also presenting examples of protected activity of employees and adverse employment actions and consequences.
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On July 3, 2023, the Chica Project, African Community Economic Development of New England (ACEDONE), and Greater Boston Latino Network (GBLN) (collectively the “Complainants”) filed a civil rights Complaint with the Department of Education alleging that Harvard College’s (“Harvard”) continued use of “Donor and Legacy Preferences” violates Title VI of the Civil Rights Act of 1964 (“Title VI”). The Complainants argue that the Donor and Legacy admission preferences are not necessary to achieve an important educational goal and have a “significant” ... Continue Reading
The EEOC is responsible for administering a number of employment laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and others. Those statutes require potential plaintiffs to file a charge with the EEOC (or state equivalent) before going to court and filing a lawsuit.
Each year, the EEOC releases statistics on all of the charges it receives. Given that lawsuits are generally filed a year after the EEOC charge is filed, these statistics provide an insight into areas that employers will be ... Continue Reading
On June 12, a federal jury in Camden, New Jersey returned a verdict in favor of Shannon Phillips, a white Starbucks Regional Director who claimed that she was terminated from her management level position on the basis of her race. Phillips claimed that after media coverage of the arrests of two black customers who were sitting in a Philadelphia Starbucks store, she was directed to suspend a white District Manager with no connection to the Philadelphia store, based on alleged discriminatory conduct. Phillips claimed that she informed Starbucks supervisors that the race-based ... Continue Reading
The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National Labor Relations Act (“Act”), and therefore an employer violates the Act by requiring an employee to sign one. The General Counsel is responsible for the prosecution of unfair labor practice cases and for the supervision of the NLRB field offices in their processing of cases. This is a huge development, and ultimately it will be up to the Board to decide ...
On December 29, 2022, President Biden signed the PUMP for Nursing Mothers Act and Pregnant Workers Fairness Act (“PWFA” or “Act”) into law. The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
The Act applies only to accommodations, and does not replace federal, state, or local laws that provide greater protections to workers affected by pregnancy, childbirth ... Continue Reading
The Employment Law Counselor hosted by Jeff Stewart is launching the first episode of its new season in collaboration with Professional Liability Underwriting Society. In this episode, Partner Jeff Stewart is joined by Jim Anelli, Partner and Chair of the Labor and Employment Group at White and Williams, for a conversation diving into how companies can avoid liability in layoff situations.
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On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking to prohibit employers from entering into non-compete clauses with workers and require employers to rescind existing non-compete clauses. Proponents argue that non-compete clauses hold American workers “hostage” by keeping wages low and suppressing new businesses and innovation.
Dissenters, on the other hand, contend that, “the proposed rule is a radical departure from hundreds of years of legal precedent that employs a fact specific inquiry into whether a non-compete clause is ... Continue Reading
