Paul Peter Nicolai Feb 82 minNY Whistleblower Protections ExpandedNY has an expanded whistleblower protection law that significantly boosts protections for private-sector employees claiming retaliation...
Paul Peter Nicolai Feb 14 minCOVID Vaccination SweepstakesIn the current environment and with the US Supreme Court knocking out the OSHA rule, employers are looking for creative ways to...
Paul Peter Nicolai Jan 251 minOTC COVID Test Coverage Required of Health PlansThe Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51...
Paul Peter Nicolai Jan 186 minAvoiding Settlement Tax ErrorsHere are some common tax fallacies involving settlements and why they are wrong. Putting the money in a lawyer-client trust account...
Paul Peter Nicolai Jan 42 minLimiting Non-CompetesWe have reported that states are restricting the operation of non-compete and other restrictive post-employment covenants. The latest...
Paul Peter Nicolai Dec 28, 20211 minMASS ADOPTS FLSA JOINT EMPLOYER TESTThe Massachusetts Supreme Court has decided that a company that entered into a subcontract for regional direct sales services for its...
Paul Peter Nicolai Dec 21, 20211 minMUDDY CONTRACT MEANS YEARS IN COURTTwo parties entered into a contract that had an arbitration clause. About 10 years later they entered into a second contract which did...
Paul Peter Nicolai Dec 7, 20214 minVACCINATION MANDATE PLANNINGEmployers continue to grapple with state and federal legislation on COVID-19 vaccinations. The U.S. Court of Appeals for the First...
Paul Peter Nicolai Nov 30, 202111 minOSHA 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 23, 20211 minEXTORTION AS RETALIATIONAfter 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 16, 20213 minThe Empty Supply ChainSupply chains are crumbling. Manufacturers struggle to catch up with demand as the global economy recovers from the pandemic impacts on...
Paul Peter Nicolai Nov 9, 20213 minAntitrust in Labor MarketsThe 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 2, 20214 minDelaware Supreme Court Adopts New Test for Establishing Demand Futility. Directors Get ProtectedDelaware’s Supreme Court has adopted a new three-part universal test to decide a whether pre-suit demand upon a company’s board should be...
Paul Peter Nicolai Oct 26, 20215 minSidestepping IRS PenaltiesTaxpayers practically always claim penalties are not warranted. What actually works? One of the biggest tools is the defense that a tax...
Paul Peter Nicolai Oct 19, 20215 minInfrastructure Data In ContractsNew deployments of smart devices and smart services are happening rapidly. Almost all new infrastructure should be informed by new...
Paul Peter Nicolai Oct 12, 20212 minCompanies May Select Forum Through Charter ProvisionBefore filing registration statements with the SEC, a group of companies designated the federal courts as the exclusive place to resolve...
Paul Peter Nicolai Oct 5, 20211 minMassachusetts Non-Compete VoidedA 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 Sep 21, 20211 minNon-Registered Broker Dealer Means No ContractAn investment banking firm which assists companies in selling their businesses sued to enforce a commission agreement from the sale of a...
Paul Peter Nicolai Sep 14, 20211 minTown Can’t Stop Shift To Retail Pot SalesA town cannot stop a medical marijuana dispensary from converting to retail marijuana sales. In 2016 an applicant had received...
Paul Peter Nicolai Sep 7, 20211 minWetlands Enforcement ReinstatesThe Massachusetts Supreme Court has ruled that an enforcement action under the Wetlands Protection Act can be brought decades after the...