Department of Labor Issues Final Rule Regarding FLSA Tip Regulations

In an unsurprising move, the Department of Labor announced at the end of February that it would delay implementation of a rule relating to tip pools and tip credit that had been promulgated during the waning days of the Trump Administration.  That rule, which we wrote about here, would have allowed employers to include more employees in tip pools and to apply tip credits to a wider range of non-tipped time worked. … More

Watch Now: Employee Theft of Trade Secrets: How Businesses Can Protect These Critical Assets

Trade secrets are essential to compete and grow most businesses. But employee mobility and ease of communication create enormous challenges for protecting valuable trade secrets and other proprietary information. How can businesses protect innovations, product and IP plans, client information and cutting edge technologies that are key to their future? Join as Foley Hoag lawyers break down practical steps, legal strategies and litigation options to prevent and respond to employee theft of trade secrets.… More

OSHA Releases COVID-19 Workplace Health and Safety Guidance

On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to COVID-19 in the workplace. The guidance comes on the heels of President Joe Biden’s Executive Order on Protecting Worker Health and Safety, which called for the Labor Department to coordinate with other appropriate agencies and issue updated health and safety guidance for employers.… More

Watch Now: What to Expect from the Biden Administration Regarding Labor and Employment Issues

Click here to watch the webinar.

Our panelists discuss their thoughts and analysis on expected changes to significant areas of labor and employment law, including:

  • The new administration’s response to the COVID-19 pandemic and workplace safety
  • Anti-discrimination laws and the EEOC
  • The National Labor Relations Board and labor law
  • Wage and hour laws and the Department of Labor
  • Paid Leave

Speakers:

New York City Bans Pre-Employment Marijuana Testing

On Sunday, May 10, 2020, a groundbreaking New York City law went into effect prohibiting most employers from requiring job applicants to submit to marijuana or tetrahydrocannabinols (THC) tests during the hiring process.  The New York City Council passed the measure 40-to-4 in April 2019, establishing that requiring such testing as a condition of employment constituted an unlawful discriminatory practice, even as marijuana was (and remains) illegal in the state.… More

COVID-19: FAQs for Employers

As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are facing many difficult questions. Click here to read our answers to some frequently asked questions that employers have been raising in their efforts to respond this ongoing public health crisis.

Foley Hoag LLP has formed a firm-wide,… More

Counsel Chris Feudo Speaks to CBS Boston about Coronavirus and Work From Home Policies

Companies are expanding their work from home policies amid the spread of coronavirus. Counsel Chris Feudo discusses best practices for companies and employees.

“Make sure that you have medical documentation, be in touch with your medical providers to make sure you understand what your restrictions are,” he said.

Watch the video below or click here to read more.

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NLRB Issues Narrowed Joint Employer Rule

Yesterday, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third parties can be required to bargain with employees of those third parties and held jointly liable for violations of federal labor law. The new rule – the result of a larger effort by the Trump administration to limit joint employer liability under federal employment law – rolls back a more expansive Obama-era standard established by the NLRB in 2015.… More

Unpaid Future Commissions Can Be Trebled under Massachusetts Wage Act, SJC Rules

In Massachusetts, a commission is a wage subject to the Wage Act when the amount of the commission “has been definitely determined and has become due and payable.” Accordingly, an employer’s failure to pay a commission which had not yet become due and payable generally does not implicate the Wage Act, and employers cannot be held liable for treble damages stemming from the failure to pay such a future commission.… More