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Indirect Evidence Reinstates Age Discrimination Case
The Massachusetts Supreme Court has reversed a summary judgment granted an employer on a claim of age discrimination asserted by a...
Paul Peter Nicolai
Feb 13, 20241 min read


Wholesaler Inside Sales Reps Entitled To Overtime
A wholesale plumbing and heating product supplier must pay its inside sales representatives overtime. The Court ruled that they did not...
Paul Peter Nicolai
Jan 23, 20241 min read


NLRB Weakens Secret-Ballot Elections
The National Labor Relations Board (NLRB or Board) has ended 52 years of Board law that had previously enshrined the secret ballot...
Paul Peter Nicolai
Jan 16, 20244 min read


Internal Compilation Of Labor Rates Is A Trade Secret
A company sued two former employees and asked that the Court forbid them from using its internal compilation of its labor rates. The...
Paul Peter Nicolai
Jan 9, 20241 min read


Impact of Supreme Court Affirmative Action Ruling on Employers
The Supreme Court overturned its precedent and held that the goal of achieving a diverse student body cannot justify using race as a...
Paul Peter Nicolai
Nov 30, 20233 min read


EEOC Proposes Rules for Pregnant Workers Fairness Act
The EEOC has issued a set of proposed rules to implement the Pregnant Workers Fairness Act(PWFA), a new law that protects the rights of...
Paul Peter Nicolai
Nov 14, 20234 min read


NLRB Imposes New Limits on Employer Work-Rules
The NLRB has held that employers violate the National Labor Relations Act when they issue facially neutral work rules, like a no-camera...
Paul Peter Nicolai
Oct 31, 20233 min read


Implied Covenant Of Good Faith And Fair Dealing In Employment
An employer sued, saying an employee breached her employment agreement. The employee countered with a claim for breach of the implied...
Paul Peter Nicolai
Oct 17, 20231 min read


USERRA Reminder
The U.S. Court of Appeals for the 11th Circuit has ruled that military reservists must be treated as if they were on paid leave for...
Paul Peter Nicolai
Oct 3, 20232 min read


Pennsylvania Supreme Court Says “No-Hire” Provision Unenforceable
The Supreme Court of Pennsylvania decided a no-hire provision between competing businesses void as a matter of public policy and...
Paul Peter Nicolai
Sep 12, 20233 min read


Pregnant Workers Fairness Act Protects For Pregnancy-Related Conditions
Effective at the end of June, the Pregnant Workers Fairness Act (PWFA) is a new law that closes a gap in coverage under federal law for...
Paul Peter Nicolai
Aug 8, 20234 min read


Supreme Court Adopts Heightened Undue Hardship Standard in Title VII Religious Accommodation
Employers must modify their practices when evaluating requests for religious accommodations under Title VII. Undue hardship is no longer...
Paul Peter Nicolai
Aug 1, 20234 min read


Thoughts for Employers from the Supreme Court Affirmative Action Decision
The Supreme Court recently reversed the longstanding rule that race can be considered as a plus factor among many factors when making...
Paul Peter Nicolai
Jul 18, 20234 min read


NLRB Opens Second Front on Non-Compete Agreements
The NLRB has initiated a new effort to address non-compete agreements. The NLRB General Counsel has issued a policy memo expressing its...
Paul Peter Nicolai
Jul 4, 20234 min read


FTC Proposed Non-Compete Rule Update
The FTC’s proposed rule would effectively ban worker non-compete provisions by deeming them an unfair method of competition under the FTC...
Paul Peter Nicolai
Jun 27, 20233 min read


US Department of Labor Issues FMLA Interpretive Bulletin on Telework
The US Department of Labor (“DOL”) has issued a Field Assistance Bulletin (“FAB”) explaining how to apply the eligibility rules under the...
Paul Peter Nicolai
Jun 6, 20232 min read


Delaware Court Confirms Corporate Officers Owe the Same Fiduciary Duties as Directors
The Delaware Court of Chancery denied a motion to dismiss filed by a former employee of the former employer’s claims that he breached his...
Paul Peter Nicolai
May 30, 20231 min read


Workplace Antitrust - Increased Enforcement
Congress passed antitrust laws to counter monopoly control and prevent companies from acting in concert to control prices. The laws...
Paul Peter Nicolai
May 23, 20232 min read


$17 Billion in Damages for Fingerprinting Employees
The Illinois biometric privacy law says no private entity may collect, capture, purchase, receive through trade, or otherwise obtain a...
Paul Peter Nicolai
May 16, 20232 min read


COVID-19 Worker Compensation Denied
A registered nurse filed a Massachusetts worker's compensation claim for temporary total incapacity benefits saying she contracted...
Paul Peter Nicolai
May 2, 20231 min read
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