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► Independent Contractor vs. Employee: NLRB Reverses Ruling

July 24, 2023

When National Labor Relations Board (NLRB) members’ terms expire and new members are appointed by the sitting president, prior Board decisions are often reversed—even fairly recent ones. The current Board recently reversed a Trump-era ruling about whether individuals are independent ...

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► Supreme Court Ruling Raises Questions about Workplace DEI Efforts

July 21, 2023

The U.S. Supreme Court’s decision against using race as a factor in college admissions doesn’t directly affect employers, but it’s sparking worries about a backlash aimed at efforts to increase diversity in the workplace. In a June 29 decision, the Court ruled 6-3 that ...

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► Noncompete Agreements May Be on the Way Out

July 20, 2023

Noncompete agreements, which restrict a worker’s ability to work for a competitor, have come under increased scrutiny in recent years. In 2018, Massachusetts instituted comprehensive noncompete reform, which includes limiting who can be asked to sign a noncompete agreement and other ...

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► Mass Layoffs: What Rights do Employees Have?

July 17, 2023

Mass layoffs have dominated the news cycle in the last several months. While many of these layoffs have impacted the tech sector, nontech employees aren’t immune. In light of this unfortunate trend, it’s critical that employers in all industries be aware of their employees’ ...

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► ICE Ends Form I-9 Flexibilities: What Employers Need to Know

July 13, 2023

All U.S. employers are required to complete Form I-9 for employees hired to work in the United States. This form serves to verify an employee’s identity and ability to work in the country. Within 72 hours of hire, employees must present their employer with acceptable identity and ...

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► Generative AI Is Here: Are Your Workplace Policies Ready?

July 10, 2023

As generative artificial intelligence (GAI) technology, such as ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers increasingly are implementing policies to mitigate potential risks and ...

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► What Employers Should Know About Drafting a PERM Notice

July 6, 2023

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is ...

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► Dealing with Remote Employees and FMLA Leave

June 26, 2023

With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that remote workers may be eligible for leave under the Family and Medical Leave Act (FMLA). A bulletin issued in February by the U.S. Department of Labor’s (DOL) Wage and Hour Division ...

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► Preventing Competitors from Tapping Your Secrets

June 23, 2023

Many companies accumulate trade secrets, such as pricing schemes, business plans, and production shortcuts, but they don’t want competitors to tap into this private reserve of knowledge. The easiest way for a competitor to obtain these secrets is by hiring one of your key employees. A ...

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► Special Delivery: Considerations for Pregnant Employees

June 22, 2023

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to dis-criminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the Pregnant ...

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