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Mass Wage Act Retaliation
Where a former employee sued for an unpaid commission, the case on the commission was dismissed, but the claim of being fired in retaliation for making a claim was allowed to continue. WHY THIS IS IMPORTANT… The wage act, like most worker protection laws, penalizes retaliation against workers for seeking protection under the law. The company argued that because the wage act claim was dismissed, the related retaliation claim should be dismissed as well. The court denied the

Paul Peter Nicolai
18 hours ago1 min read


Plausible Sexual Harassment Allegation Bars Arbitration
The US Court of Appeals for the Sixth Circuit has ruled that when a complaint plausibly alleges sexual harassment, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can prevent arbitration of the entire case

Paul Peter Nicolai
Jul 281 min read


Washington State Noncompete Ban
Washington state has enacted a new law that renders nearly all noncompete agreements void and unenforceable for Washington-based workers. It becomes effective in 2027.

Paul Peter Nicolai
Jul 213 min read


New DEI Executive Order Affects Federal Contractors
The administration issued a new, comparatively restrained Executive Order that specifically targets examples of discrimination based on race or ethnicity.

Paul Peter Nicolai
Jul 72 min read


Soliciting Customers Gets Enjoined
Even where the employee argued that customer names were not confidential and he had not taken any lists from the employer, the court granted an injunction.

Paul Peter Nicolai
Apr 71 min read


AI in Recruiting and Employment Decision-Making
As employer use of AI has increased, so has the development of AI regulation at the state and local level

Paul Peter Nicolai
Jan 134 min read


Majority-Group Plaintiffs Held to Same Standard in Title VII Cases
A heterosexual woman was hired as an executive secretary by Ohio Department of Youth Services in 2004, later promoted to program administrator. In 2019, she applied for a management role, was interviewed, but ultimately a lesbian woman was chosen. Days after her interview, she was demoted to secretary, and the agency hired a gay man for the vacant program administrator role. She sued under Title VII of the Civil Rights Act of 1964, claiming discrimination based on her sexua

Paul Peter Nicolai
Jan 62 min read


The Right to Talk Pay
The Ninth Circuit has backed the National Labor Relations Board's order finding that an apartment complex manager illegally terminated an employee for discussing his wages with colleagues, a protected activity under the NLRA. It rejected the manager's argument that the employee was fired for poor work quality. WHY THIS IS IMPORTANT…Employees discussing wages generally qualify as protected activity under the NLRA. Employees have a right to discuss pay. The NLRA covers nearl

Paul Peter Nicolai
Dec 30, 20251 min read


Retention Bonus Payments Not Wages
Failure to make payments covered by the Massachusetts wage act automatically entitled the plaintiff to triple damages and reasonable attorney fees in addition to the wages owed. Not all payments made by employers to employees are wages covered by that law.

Paul Peter Nicolai
Dec 2, 20251 min read


Individual Liability Under Wage Act
A former employee sued an officer of her defunct employer for non-payment of wages. The court dismissed the case.

Paul Peter Nicolai
Nov 25, 20251 min read


Preparing for Massachusetts' Pay Transparency Law
Preparing for Massachusetts' Pay Transparency Law

Paul Peter Nicolai
Oct 28, 20253 min read


Washington Supreme Court Expands Who Can Sue For Pay Transparency
The Washington Supreme Court (Court) held that any person who applies to a job posting that does not comply with the pay transparency requirements of the Washington Equal Pay and Opportunities Act(EPOA) may seek damages under the statute, regardless of whether the individual actually intended to seek employment with the employer. The EPOA requires employers to disclose salary, wage, and benefits information in all job postings. The Court held that any person who applies to

Paul Peter Nicolai
Oct 7, 20251 min read


FLSA Overtime Exemptions & AI-Integration
The use of artificial intelligence in white-collar jobs raises concerns about how employees are classified under the Fair Labor Standards Act.

Paul Peter Nicolai
Oct 1, 20251 min read


Covenants Not to Compete In Delaware Law
Delaware case law indicates that noncompete provisions are under closer scrutiny.

Paul Peter Nicolai
Sep 16, 20254 min read


Recouping Costs from Employees May Violate Forced Labor Laws
Liquidated damages clauses might not only be unenforceable under state law, but they could also violate federal and state human trafficking laws.

Paul Peter Nicolai
Aug 19, 20252 min read


One, Big, Beautiful Bill Act
On July 4, 2025, President Trump signed The One, Big, Beautiful Bill Act (The OBBB), a spending and tax bill that extends many of the 2017 Tax Cuts and Jobs Act (TCJA), most of which were set to expire at the end of 2025. The bill extends these tax cuts and makes other changes. This explains the employee benefits and various business-related tax provisions in The OBBB, including how those provisions differ from existing law. Everyone should consult with their tax advisors t

Paul Peter Nicolai
Aug 5, 202510 min read


2025 New England Employment Law Changes
2025 New England Employment LAw Change

Paul Peter Nicolai
Jul 29, 20253 min read


No Damages Needed For FCRA Claim
FCRA allows for claims even without injuries

Paul Peter Nicolai
Jun 10, 20251 min read


Whistleblower Loses
The 1st U.S. Circuit Court of Appeals upheld a trial court’s decision in favor of an employer in a whistleblower lawsuit.

Paul Peter Nicolai
Jun 3, 20251 min read


MANSPLAINING DOES NOT CREATE CASE
MANSPLAINING DOES NOT CREATE SEXUAL HARASSMENT CASE

Paul Peter Nicolai
May 20, 20251 min read
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