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VACCINATION MANDATE PLANNING
Employers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...
Paul Peter Nicolai
Dec 7, 20214 min read


OSHA Emergency Temporary Standard On COVID-19 Vaccination or Testing for Larger Employers
NOTE: The United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of this Standard, finding...
Paul Peter Nicolai
Nov 30, 202111 min read


EXTORTION AS RETALIATION
After getting a judgment against its former employee, the employer seized his minivan. Rather than sell it to satisfy the judgment, the...
Paul Peter Nicolai
Nov 23, 20211 min read


Antitrust in Labor Markets
The Department of Justice Antitrust Division (DOJ) filed its first major no-poach case in 2010, against a group of Silicon Valley...
Paul Peter Nicolai
Nov 9, 20213 min read


Massachusetts Non-Compete Voided
A Company sued a former employee for violation of a non-compete the employee signed. Because the agreement did not expressly state that...
Paul Peter Nicolai
Oct 5, 20211 min read


Triple Damages Against Employees
The Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...
Paul Peter Nicolai
Aug 3, 20212 min read


Letter to Editor Is Protected
The NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...
Paul Peter Nicolai
Jul 6, 20211 min read


Supreme Court Cuts Back Computer Fraud and Abuse Act
Back in 1986 Congress passed the Computer Fraud and Abuse Act (CFAA). CFAA imposes criminal or civil liability on any person who...
Paul Peter Nicolai
Jun 22, 20212 min read


Are Exotic Dancers Employees or Not?
An exotic dancer was an employee of an adult entertainment club under the Fair Labor Standards Act ("FLSA"), even though a written...
Paul Peter Nicolai
May 25, 20213 min read


Gig Worker Bound To Clickwrap Arbitration
The plaintiff applied through the website of the defendant which assigns house cleaning jobs to workers. Later, she clicked an accept...
Paul Peter Nicolai
May 18, 20211 min read


Decision on Arbitration goes to Arbitration
A former employee sued alleging race discrimination by his former employer The employer said the arbitration clause contained in the...
Paul Peter Nicolai
May 11, 20211 min read
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