Preparing the terms of employee compensation can be a resource-intensive task requiring input from stakeholders across numerous departments, including human resources, finance, and legal. However, as the Massachusetts Appeals Court’s recent decision in Alfieri v. Merrimack Pharmaceuticals, Inc. demonstrates, investing those resources to complete the task will pay dividends when an employer is faced with

The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The First Circuit’s recent decision in Alston v. Spiegel sanctioning an attorney for filing frivolous discrimination and retaliation claims, however, reminds employers

Can an employer be held liable under the False Claims Act (“FCA”) for retaliation if it takes some adverse action against a former employee? Until recently, only one federal appellate court had addressed the issue, holding that the FCA does not cover post-employment retaliation.[1] However, on April 1, 2021, the Sixth Circuit reached the

On March 4, 2021, Connecticut Governor Ned Lamont signed House Bill 6515, an “Act Creating a Respectful and Open World for Natural Hair,” also known as the CROWN Act (the “Act”).  This legislation bans natural hair discrimination in the workplace by amending Connecticut’s anti-discrimination statute to define “race” as being “inclusive of ethnic traits historically

As we recently reported, as of March 12, 2021, all private employers in New York must provide their employees with up to four hours of paid leave to get each COVID-19 vaccination shot. The State has now released guidance on the new law (“Law”) in the form of Frequently Asked Questions (“FAQs”). Most importantly,

On March 12, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the EEO-1 Component 1 data collection period will open at the end of April 2021 and close in July 2021.  Submission of the EEO-1 Report is required for employers with 100 or more employees, and applicable Federal government contractors with 50 or more

As featured in #WorkforceWednesday:  In this episode, hear from EEOC Commissioner Keith Sonderling. As a sitting commissioner, Mr. Sonderling has a unique perspective on priorities, new initiatives, and the outlook for what employers can expect from the agency in 2021. Attorney David Garland leads the conversation.

Employers and the New Administration is a

On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regularly, Enforcement Assistance, and Marketplace Modernization Act” (the “Cannabis Act”) (NJ A21), which legalizes the recreational use and possession of

The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or “PSLL”), which took effect on September 30, 2020. Westchester County’s law had required that eligible employees