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The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. […]
I often receive calls from employers that say they just met with an employee to talk about job performance, the session didn’t go well, and now the company has received a bizarre communication from the individual and doesn’t know how to proceed. After I’ve read the message and talked with the employer, it becomes clear […]
Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]
When launching an arbitration agreement, you must understand the pros and cons of requiring your employees to sign one as well as which workers should be covered and the hurdles of enforcement. Depending on the potential value of the claim to be arbitrated, the filing fee could result in a five-figure charge just to initiate […]
The COVID-19 pandemic is continuing but isn’t the only challenge employers face. Here are 10 goals you would do well to consider in the months ahead to mitigate against the risk of an employment lawsuit or agency complaint and position your business to comply with new workplace laws and regulations.
Incentivizing employees can be an important factor when it comes to an employer’s bottom line. Several common misconceptions about the Fair Labor Standards Act (FLSA) have driven decisions regarding incentive payments for too long.
The California Supreme Court recently decided in Frlekin v. Apple, Inc. that time spent by employees waiting for, and undergoing, required exit searches is compensable and should be considered “hours” worked under California wage orders. This includes searches of employees’ belongings that have been voluntarily brought to work purely for the employees’ personal convenience.
Arbitration agreements can be a great way to manage the risk and expense of litigation. However, you must ensure that your arbitration agreement is enforceable.
Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]
Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law.