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FTC Proposed Non-Compete Rule Update
The FTC’s proposed rule would effectively ban worker non-compete provisions by deeming them an unfair method of competition under the FTC...

Paul Peter Nicolai
Jun 27, 20233 min read


US Department of Labor Issues FMLA Interpretive Bulletin on Telework
The US Department of Labor (“DOL”) has issued a Field Assistance Bulletin (“FAB”) explaining how to apply the eligibility rules under the...

Paul Peter Nicolai
Jun 6, 20232 min read


Delaware Court Confirms Corporate Officers Owe the Same Fiduciary Duties as Directors
The Delaware Court of Chancery denied a motion to dismiss filed by a former employee of the former employer’s claims that he breached his...

Paul Peter Nicolai
May 30, 20231 min read


Workplace Antitrust - Increased Enforcement
Congress passed antitrust laws to counter monopoly control and prevent companies from acting in concert to control prices. The laws...

Paul Peter Nicolai
May 23, 20232 min read


$17 Billion in Damages for Fingerprinting Employees
The Illinois biometric privacy law says no private entity may collect, capture, purchase, receive through trade, or otherwise obtain a...

Paul Peter Nicolai
May 16, 20232 min read


COVID-19 Worker Compensation Denied
A registered nurse filed a Massachusetts worker's compensation claim for temporary total incapacity benefits saying she contracted...

Paul Peter Nicolai
May 2, 20231 min read


NLRB Imposes Restrictions on Severance Agreements
The National Labor Relations Board (NLRB) has ruled that employers violate the National Labor Relations Act (NLRA) when they present...

Paul Peter Nicolai
Apr 25, 20233 min read


Burden of Proving Overtime Exemption Toughened
The US District Court gave an employer a summary judgment in an overtime case, concluding that the dispatchers and controllers fell...

Paul Peter Nicolai
Apr 18, 20231 min read


Right to Modify Employee Handbook Voids Arbitration
An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....

Paul Peter Nicolai
Mar 21, 20232 min read


Wage Act Damages & Fees
An employer failed to pay $8,952.15 in accrued vacation pay when it discharged an employee. It paid the accrued vacation pay three weeks...

Paul Peter Nicolai
Mar 7, 20231 min read


Mandatory Arbitration Nixed For Cases Involving Sexual Assault or Sexual Harassment
In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...

Paul Peter Nicolai
Jan 24, 20233 min read


Workplace Drug Policies and State Marijuana Laws
Over the last two decades, over two-thirds of the states have passed laws authorizing the use of marijuana for medical purposes by...

Paul Peter Nicolai
Jan 17, 20232 min read


Employer’s Secret Computer Search Is Unlawful Retaliation
A federal court of appeals has held that a forensic search of an employee’s work computer could constitute unlawful retaliation for an...

Paul Peter Nicolai
Nov 15, 20222 min read


Labor Antitrust Developments
Antitrust in labor markets is a hot topic for government, business, and labor. The antitrust enforcement agencies, consistent with...

Paul Peter Nicolai
Nov 8, 20221 min read


Garden Leave and Non-Compete Reform
In 2018, Massachusetts became the first state to provide for garden leave payments – payments to employees forced to sit out employment...

Paul Peter Nicolai
Oct 25, 202212 min read


Black Lives Matter Case Lost
Employees disciplined for wearing face masks bearing the phrase “Black Lives Matter” had their claims dismissed. The appeals court...

Paul Peter Nicolai
Oct 11, 20221 min read


93A Defense Defeated
A former employee sued her former employer for trying to enforce a restrictive covenant preventing her from practicing her profession...

Paul Peter Nicolai
Oct 4, 20221 min read


Workers’ Comp Double Compensation Expanded
An injured employee was awarded double compensation since the employer intentionally failed to take adequate precautions in the face of a...

Paul Peter Nicolai
Sep 6, 20221 min read


FLSA v. State Law
A jury awarded damages to a group of employees under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act even though there...

Paul Peter Nicolai
Aug 23, 20221 min read


Forced Arbitration of Workplace Sexual Harassment and Assault Claims Now Illegal
Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...

Paul Peter Nicolai
Jul 12, 20222 min read
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