Paul Peter Nicolai May 101 minTriple Damages For Delayed Wage Payments RequiredAn employer waited three weeks before paying a terminated employee for accrued vacation time. The lower court found that since the...
Paul Peter Nicolai May 31 minARBITRATION EXEMPTIONAn employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...
Paul Peter Nicolai Mar 81 minMA SUPREME COURT SAYS FIRING OVER PERSONNEL FILE REBUTTAL IS UNLAWFULAn at-will employee fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance...
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 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 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 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 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 Aug 3, 20212 minTriple Damages Against EmployeesThe Massachusetts Supreme Judicial Court (“SJC”) recently made clear that Chapter 93A applies to employees who misappropriate their...
Paul Peter Nicolai Jul 6, 20211 minLetter to Editor Is ProtectedThe NLRB decided an employer violated the NLRA by firing an employee for a letter she wrote to the editor of a local newspaper. A second...
Paul Peter Nicolai Jun 22, 20212 minSupreme Court Cuts Back Computer Fraud and Abuse ActBack in 1986 Congress passed the Computer Fraud and Abuse Act (CFAA). CFAA imposes criminal or civil liability on any person who...
Paul Peter Nicolai May 25, 20213 minAre Exotic Dancers Employees or Not?An exotic dancer was an employee of an adult entertainment club under the Fair Labor Standards Act ("FLSA"), even though a written...
Paul Peter Nicolai May 18, 20211 minGig Worker Bound To Clickwrap ArbitrationThe plaintiff applied through the website of the defendant which assigns house cleaning jobs to workers. Later, she clicked an accept...
Paul Peter Nicolai May 11, 20211 minDecision on Arbitration goes to ArbitrationA former employee sued alleging race discrimination by his former employer The employer said the arbitration clause contained in the...