Blog

Blog

Can Employers Terminate for Off-Duty Conduct (Say, Like Storming the Capitol)?
January 15, 2021
What exactly are the parameters of when an employer can take action against an employee for engaging in off-duty activities that an employer may find repugnant? 
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Canada: Employers Face Possible Expansion of the Duty of Honesty and Good Faith
January 13, 2021
Do employers have a general duty to act honestly and in good faith when dealing with their employees?
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Politcal/Social Expression and Upheaval
January 11, 2021
The events leading up to and occurring on January 6th in our nation’s capitol and at several state capitols raise questions about an employer’s rights to hold employees accountable for their political expression and behavior away from work.
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Organized Labor's New Labor Secretary
January 11, 2021
President-elect Joe Biden on January 8 nominated Boston Mayor Marty Walsh as the next Secretary of Labor. Mayor Walsh is the first DOL nominee in over 50 years who is a union member.
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New Rule Clarifies Standard for Independent Contractor v. Employee Status
January 7, 2021
On January 6, 2021, the U.S. Department of Labor announced a final rule clarifying the test and various factors used to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act.
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Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
January 5, 2021
The Department of Labor released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act and whether such overtime payments are excludable from the regular rate.
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What Can Employers Expect from a Joe Biden Presidency?
January 5, 2021
As we say goodbye to 2020 (good riddance!) and begin the New Year, employers are starting to ask: what will a Joe Biden presidency mean for us?
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USDOL Gets Tech-Savvy in Approving Electronic Notice Posting and FMLA-Qualifying Telemedicine Visits
January 4, 2021
The U.S. Department of Labor’s (DOL) Wage and Hour Division was hard at work in the closing days of 2020, endorsing the use of electronic posting of required notices and telemedicine visits under the Family and Medical Leave Act.
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Federal Contractors and Recipients of Federal Grants Granted Relief from President’s Executive Order on Diversity and Inclusion Training
December 23, 2020
On December 22, 2020, a judge granted a preliminary injunction halting enforcement of the EO.
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California Family Rights Act Expands To Cover Nearly All California Employers - What You Need To Do Now
December 14, 2020
On January 1, 2021, the California Family Rights Act (“CFRA”) will significantly expand by applying to all employers with as few as 5 employees and creating the right to take leaves to care for more family members with serious health conditions.
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Massachusetts: Does your Employee Handbook do more Harm than Good?
December 8, 2020
I often tell clients that one of the most important documents they need to have is an employee handbook, and that handbook needs to be up to date and legally compliant.
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U.S. DOL Issues Opinion Letters Regarding Compensation for Travel Time and Voluntary Training
November 16, 2020
On November 3, 2020, the U.S. Department of Labor issued Opinion Letter FLSA2020-16, regarding the compensability of travel time for hourly (non-exempt) construction foremen and laborers under the Fair Labor Standards Act. Also on November 3, the DOL issued opinion letter FLSA 2020-15, regarding compensation for time employees spend attending voluntary training programs, specifically outside, ongoing continuing education classes.
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Tweets Follow

Jan 20

New @shrm Court Report: Entirety of Sales Agreement Was Not Relevant to Union Representation https://t.co/JikyMA8Wkz

Jan 19

Transition Team's Proposed Relief Legislation Includes Major Workplace Changes https://t.co/69p9XIU0TR

Jan 15

Canada: Employers Face Possible Expansion of the Duty of Honesty and Good Faith https://t.co/qB3fMDDEiB