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Paid Administrative Leave Not Necessarily Safe Harbor
A court has ruled that paid administrative leave does not necessarily shield an employer from employment litigation liability.

Paul Peter Nicolai
Jan 21, 20202 min read


Patent Invalidity Means No Infringement
To be the subject of an infringement action, a patent has to be eligible for protection. Invalidity of the patent is a defense.

Paul Peter Nicolai
Jan 14, 20201 min read


Competitor Can Sue Over Biased White Paper
A company can sue a competitor that hyped a white paper criticizing its products without disclosing that it commissioned the report.

Paul Peter Nicolai
Jan 7, 20201 min read


Federal Au Pair Program Workers Get Full Protection
An agency that sponsors au pairs under a federal program sued Massachusetts claiming the federal program that brings au pairs to the...

Paul Peter Nicolai
Dec 30, 20191 min read


Investment Fraud Proof Requirements
A fraud case requires that a statement of fact made must be knowingly false when made and designed to be relied on by the party.

Paul Peter Nicolai
Dec 23, 20191 min read


EMTALA Whistleblower Analysis Clarified
EMTALA is a law to prevent hospital emergency rooms from dumping patients. A case laid out analysis for determining whistleblower rights

Paul Peter Nicolai
Dec 17, 20191 min read


New Mass Distracted-Driving Law
The Governor has signed An Act Requiring the Hands-Free Use of Mobile Telephones While Driving. The law takes effect 90 days from...

Paul Peter Nicolai
Dec 4, 20192 min read


NLRB Issues Guidance on Handbook Rules
The NLRB General Counsel has issued a Guidance Memorandum laying out how NLRB Regional Offices receiving claims of improper employment...

Paul Peter Nicolai
Nov 26, 20193 min read


The Law of Wage Advances
There is a new type of payment product that gives workers immediate access to wages even if their next payday isn’t scheduled for a week...

Paul Peter Nicolai
Nov 16, 20194 min read


Mass OT Ruling Declared Retroactive
We recently reported that the Massachusetts Supreme Court ruled that salespeople who are paid on a 100% commission basis are entitled to...

Paul Peter Nicolai
Nov 14, 20191 min read


Connecticut Bans Asking About Salary History
Connecticut has forbidden hiring employers from asking about salary history. Whether these laws are constitutional is an open question.

Paul Peter Nicolai
Nov 10, 20191 min read


Paid Time Off Is Changing
US protected family and medical leave has centered on three types of personal life changes: leave for new parents, leave for those caring...

Paul Peter Nicolai
Nov 6, 20196 min read


Limiting Experience & Age Discrimination
A 58 year old experienced but unemployed attorney applied for a job as a Senior Counsel that required the ability to assume complex...

Paul Peter Nicolai
Nov 1, 20191 min read


Developments for Gig Economy Workers
Under US law persons doing work are either independent contractors or employees. If they do not meet the test to be an independent...

Paul Peter Nicolai
Oct 22, 20195 min read


Mass Retailers must pay OT to commission-only salespeople
Retail salespeople paid on a 100-percent commission basis are entitled to separate additional payments at one and a half times the...

Paul Peter Nicolai
Oct 17, 20191 min read


WHY EVERY COMPANY SHOULD KNOW MORE ABOUT ITS INFORMATION
Information is a company asset. Mismanaging it is like mismanaging inventory. That needs to change.

Paul Peter Nicolai
Oct 14, 20194 min read


U.S. Licensed Attorney Required for Foreign Trademark Applicants/Registrants
The United States Patent and Trademark Office effected a new rule requiring that foreign applicants and registrants have US counsel.

Paul Peter Nicolai
Oct 12, 20191 min read


Binding Employment Policies & Agreements in the Digital Age
Going electronic with employment policies and agreements requires more than just going electronic to make them binding.

Paul Peter Nicolai
Oct 7, 20199 min read


DOL Guidance adds Flexibility for Free Internships
Recent US DOL guidance opens the door to more flexible internship arrangements.

Paul Peter Nicolai
Sep 10, 20192 min read


Arbitration is a Contract
Arbitration is a contract. The contract rules what happens in an arbitration, regardless how counterintuitive the result might be.

Paul Peter Nicolai
Jul 9, 20191 min read
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