Ninth Circuit rules for Costco on “Joint Employer” question
11/22/21
By: Curt Graham
The issue of worker classification (i.e., whether a worker is considered an “employee” or not) was recently addressed in a Ninth Circuit Court of Appeals decision involving Costco. On October 29, 2021, the Court issued …
OSHA suspends Covid-19 100 Employee ETS while legal challenges play out
11/17/21
By: Bradley Adler
It has been a very hectic and uncertain few days for employers trying to digest and prepare for implementation of OSHA’s Covid-19 Emergency Temporary Standard (“ETS”). By way of background, on November 5, 2021, OSHA unveiled its …
Vaccination mandates: what employers should expect in the next month
11/5/21
By: Justin Boron
The courts stepped in this weekend to enjoin the vaccination mandate regulation. But until it completes appellate review, employers are still on the clock with a December 5 deadline to meet the requirements of the the Emergency …
More changes in Texas laws –Texas expands sexual harassment protections effective September 1, 2021
9/24/21
By: Mandy Hexom
Effective September 1, 2021, Texas employees will have expanded protections against sexual harassment as part of the Texas Commission on Human Rights Act. Surprising many, the Texas Legislature passed Senate Bill 45 (Texas Labor Code § 21.141) …
President Biden announces vaccine requirement for private employers
9/10/21
By: Jacob McClendon
On September 9, President Biden announced that the Occupational Safety and Health Administration (“OSHA”) will develop an emergency rule requiring private businesses with 100 or more employees to require their employees to be fully vaccinated or to …
8/11/21
By: Adam Khan
On July 15, 2021, the California Supreme Court delivered a victory for employees and an equally tough blow to California employers.
In Jessica Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held employers must …
8/4/21
In Dakin v. OSI Restaurant Partners, LLC, et al, the Massachusetts Appeals Court held that the workers’ compensation exclusivity provision barred an injured employee’s claims against three entities engaged in a joint venture.
In Dakin, the three related entities …
Judge rules Massachusetts public accommodation cases can skip MCAD and go directly to court
7/26/21
By: Jennifer Markowski or Lori Eller
In a recent Massachusetts Superior Court Order, Catherine Peters v. Boston Properties, Inc., et al. Memorandum of Decision and Order on Defendants’ Motion for Judgment on the Pleadings, Judge Debra A. Squires-Lee held that …
7/21/21
By: Victoria Fuller and Lori Eller
In KPM Analytics N. Am Corp. v. Blue Sun Sci., LLC, the District of Massachusetts recently provided some much-needed guidance concerning the enforceability of non-compete agreements governed by the Massachusetts Noncompetition Agreement Act, …