Labor & Employment
Updates on Significant Developments in Massachusetts and New York
Massachusetts
Major Changes to Non-Competes
Massachusetts passed a new law that will limit the enforceability of non-compete agreements entered into on or after October 1, 2018. Some highlights of the new law include: (1) the law applies to employees who live or work in Massachusetts, and to independent contractors; (2) non-competes are prohibited for employees…
SCOTUS Nixes Mandatory Agency Fees for Public Unions
On June 27, 2018, the United States Supreme Court issued a pivotal decision in Janus v. American Federation of State, County and Municipal Employees, which overturned more than 40 years of precedent. The Janus case involved “agency fees” that unions typically require non-union employees to pay. That is, employees who are covered under a…
United States Supreme Court Allows Class Action Waivers
On May 21, 2018, the United States Supreme Court held in Epic Systems Corp. v. Lewis, and two related cases, that class action waiver provisions contained in arbitration agreements do not violate the National Labor Relations Act. This decision is a significant favorable development for employers. Justice Gorsuch, writing in a 5 to 4 decision,…
2018 Connecticut Legislative Updates for Employers
The Connecticut General Assembly ended its legislative session quietly for the second year in a row. There were significant employment proposals on pay equity, paid FMLA, sexual harassment and discrimination, paid sick leave, and an increase in the minimum wage, but the General Assembly only passed the pay equity bill.
Pay Equity
The General Assembly …
Important Wage and Hour Developments
Employers should be aware of two developments in federal wage and hour law. The U.S. Supreme Court has issued an employer-friendly decision regarding the interpretation of the FLSA exemptions and the U.S. Department of Labor has launched a new program that will allow employers to self-audit and avoid fines for accidental violations of the federal…
NLRB Update: Joint-Employer Standard, Mandatory Arbitration and Agency Fees
Employers should take note of the following developments in labor law. The National Labor Relations Board vacated a key joint-employer decision and the United States Supreme Court is considering two cases which will impact labor law and union organizing.
Oops! Board Member’s Private Practice History Leads to Return of Obama-Era Joint-Employer Standard
In a previous…
Time’s Up: Significant Legislation Proposed on Sexual Harassment and Discrimination Laws
Legislators in the Connecticut State House and Senate have proposed legislation that would significantly impact sexual harassment cases and sexual harassment training requirements. Although the proposals differ slightly, it is clear that legislators are seeking to expand sexual harassment training, including requiring employers to train non-supervisory employees. One proposal also seeks to extend the limitation…
Rethinking Sexual Harassment Prevention CLE
Lawyers and employers must examine what the #MeToo uprising and the ongoing media coverage of high profile sexual harassment claims mean for the workplace. Learn about individual and board liability; how to assess workplace culture, including how human resource departments are perceived by employees; about workplace investigations with an emphasis on how to address rumors…
NLRB Issues Major Decisions Before Chairman Steps Down
Last week, the NLRB held its promise and issued a series of decisions just before Chairman Philip Miscimarra’s term ended on Saturday, December 16. As expected, the Republican-led NLRB overturned four decisions of the Obama-era. However, the Board issued an employee-friendly decision, holding an employer violated the NLRA by firing two employees for soliciting union…