In a significant decision for labor and employment law, the Third U.S. Circuit Court of Appeals recently endorsed the broader interpretation of “concerted activity” by the National Labor Relations Board (NLRB) under federal law, while also sending an important question back to the Board for further review. This case, NLRB v. Miller Plastic Products, involves...
A recent First Circuit decision in Dahua Technology USA Inc. v. Zhang highlights the high stakes of contract drafting and the courts’ increasing willingness to consider ambiguity claims even late in litigation. The dispute involves a severance provision that promised former executive Feng Zhang “monthly severance payments… in the amount of $680,000 for sixteen (16)...
In a key ruling for public-sector labor law, the Massachusetts Supreme Judicial Court determined that an involuntary transfer from a day shift to an overnight shift can be considered an adverse employment action in retaliation cases—even if the transfer comes with a bargained-for pay increase. The case, City of Newton v. Commonwealth Employment Relations Board,...
According to Attorney General Andrea Campbell, several fast-food franchise operators in Massachusetts, including Dunkin’, McDonald’s, and Subway, have been fined for violating child labor laws. Cafua Management Company, which operates over 80 Dunkin’ locations across the state, was fined $140,000 for violations between 2020 and 2023. Offenses included allowing minors to work: Without required work...
Massachusetts may soon ban most pre-employment marijuana testing under a proposed bill, H. 2179. The bill would allow testing only after a conditional job offer, but employers couldn’t make a clean test a condition of employment, effectively ending the practice for most roles. Why It Matters If passed, this bill would align Massachusetts with states...
A recent ruling by the Supreme Court represents a big win for employees and workplace equality. The court ruled in favor of plaintiff Jatonya Clayborn Muldrow, who sued her employer, the city of St. Louis, for violating Title VII by transferring her to a new position and then denying a requested transfer because of her...
In recent news, the 1st U.S. Circuit Court of Appeals has revived a former Whole Foods employee’s claim that she was fired in retaliation for protected oppositional behavior. Plaintiff Savannah Kinzer worked at a Cambridge, MA Whole Foods in 2020, during which time she repeatedly violated dress code by wearing a Black Lives Matter face...
Pregent Law previously posted on the FTC’s final rule announced on April 23rd for a comprehensive ban on any new con-compete agreements with all workers. This new rule would be exempt for existing non-competes with policy-making, senior executives earning more than $151,164. The claim against non-compete agreements is that they violate Section 5 of the...
This past Monday, a long-awaited trial began regarding the employment status of Uber and Lyft drivers in Massachusetts. Individuals and businesses in Massachusetts and many other states have relied on these ride sharing apps for more than a decade because of their convenience and general affordability. Both Uber and Lyft have revolutionized the transportation industry,...
The Biden administration announced a new rule designed to expand overtime pay for millions of the nation’s lower-paid salaried workers. The rule was first proposed last September, reflecting in-depth research of employers, workers, unions, and other stakeholders. This final rule takes into account more than 33,000 comments, and it redefines the salary thresholds determining which...
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