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NLRB Imposes Restrictions on Severance Agreements
The National Labor Relations Board (NLRB) has ruled that employers violate the National Labor Relations Act (NLRA) when they present...
Paul Peter Nicolai
Apr 25, 20233 min read


Burden of Proving Overtime Exemption Toughened
The US District Court gave an employer a summary judgment in an overtime case, concluding that the dispatchers and controllers fell...
Paul Peter Nicolai
Apr 18, 20231 min read


Right to Modify Employee Handbook Voids Arbitration
An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....
Paul Peter Nicolai
Mar 21, 20232 min read


Wage Act Damages & Fees
An employer failed to pay $8,952.15 in accrued vacation pay when it discharged an employee. It paid the accrued vacation pay three weeks...
Paul Peter Nicolai
Mar 7, 20231 min read


Mandatory Arbitration Nixed For Cases Involving Sexual Assault or Sexual Harassment
In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...
Paul Peter Nicolai
Jan 24, 20233 min read


Workplace Drug Policies and State Marijuana Laws
Over the last two decades, over two-thirds of the states have passed laws authorizing the use of marijuana for medical purposes by...
Paul Peter Nicolai
Jan 17, 20232 min read


Employer’s Secret Computer Search Is Unlawful Retaliation
A federal court of appeals has held that a forensic search of an employee’s work computer could constitute unlawful retaliation for an...
Paul Peter Nicolai
Nov 15, 20222 min read


Labor Antitrust Developments
Antitrust in labor markets is a hot topic for government, business, and labor. The antitrust enforcement agencies, consistent with...
Paul Peter Nicolai
Nov 8, 20221 min read


Garden Leave and Non-Compete Reform
In 2018, Massachusetts became the first state to provide for garden leave payments – payments to employees forced to sit out employment...
Paul Peter Nicolai
Oct 25, 202211 min read


Black Lives Matter Case Lost
Employees disciplined for wearing face masks bearing the phrase “Black Lives Matter” had their claims dismissed. The appeals court...
Paul Peter Nicolai
Oct 11, 20221 min read


93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...
Paul Peter Nicolai
Oct 4, 20221 min read


Workers’ Comp Double Compensation Expanded
An injured employee was awarded double compensation since the employer intentionally failed to take adequate precautions in the face of a...
Paul Peter Nicolai
Sep 6, 20221 min read


FLSA v. State Law
A jury awarded damages to a group of employees under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act even though there...
Paul Peter Nicolai
Aug 23, 20221 min read


Forced Arbitration of Workplace Sexual Harassment and Assault Claims Now Illegal
Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...
Paul Peter Nicolai
Jul 12, 20222 min read


Triple Damages For Delayed Wage Payments Required
An employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...
Paul Peter Nicolai
May 10, 20221 min read


ARBITRATION EXEMPTION
An employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...
Paul Peter Nicolai
May 3, 20221 min read


MA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFUL
An at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
Paul Peter Nicolai
Mar 8, 20221 min read


NY Whistleblower Protections Expanded
NY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...
Paul Peter Nicolai
Feb 8, 20222 min read


COVID Vaccination Sweepstakes
In the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...
Paul Peter Nicolai
Feb 1, 20224 min read


MASS ADOPTS FLSA JOINT EMPLOYER TEST
The Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...
Paul Peter Nicolai
Dec 28, 20211 min read
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