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BT Currents - Hot Topics in Employment Law

08 Feb Groundhog Day: Declaring the Impending Death of Massachusetts Noncompetes

  For the last three years, we have reported on legislative efforts to ban noncompetes in Massachusetts. You can see each of those reports here. Thus far none of those efforts have been successful. Here again in 2016, legislative efforts to ban noncompetes promise to continue in Massachusetts, with one commentator declaring, “This is the year.”   Our job as business lawyers is to advise clients on how widely varying state laws affect their ability to use noncompetes, then they can make their business decisions…

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01 Feb UGH!! Now They Want Wage Info on the EEO-1?!?

  On Jan. 29, the White House announced that the Equal Employment Opportunity Commission (EEOC) will issue proposed regulations to modify the Employer Information Report, known as the EEO-1, to include collecting pay data from employers with more than 100 employees. The EEOC says it needs this pay data to “assist . . . in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.”   Currently, the EEO-1 gathers information on employers’ workforces by race, ethnicity, sex, and job category….

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29 Jan Hold Your Horses: A Plaintiff’s Long Rap Sheet Might Not Get You to the Finish Line

With each case, employers defending discrimination claims know at least these three things: litigation can be expensive, litigation is time-consuming, and the outcome is never a sure thing.   Still, every once in a while, information is revealed that makes the case more thrilling, and little is more exciting than discovering a plaintiff’s criminal past, such as an ADA plaintiff who illegally sold prescription pain medications and also may have engaged in shoplifting.  Sounds like great evidence that should torpedo the plaintiff’s claims, right?  Not…

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26 Jan The EEOC wants to hear your opinion on retaliation claims under Title VII

  If you would like to add your two cents to the debate about compliance with anti-retaliation provisions in Title VII and other federal non-discrimination statutes, the EEOC is listening.   The EEOC has announced that it has prepared an Enforcement Guidance on retaliation and has now opened the process for public comments.  The EEOC last issued guidance on retaliation back in 1998, so now it is seeking to update its guidance to incorporate recent rulings from the U.S. Supreme Court and lower federal courts…

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22 Jan Meowing Dogs and Barking Cats: Supreme Court Grants Certiorari to Determine Service Advisors’ Eligibility for Overtime Pay

  The Supreme Court recently granted certiorari in Navarro v. Encino Motorcars, LLC, after the Ninth Circuit found that the FLSA exemption for overtime pay does not apply to car dealership service advisors. The relevant FLSA exemption applies to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” Service advisors diagnose vehicle service needs and suggest additional services for the maintenance of vehicles. They are paid on a commission basis only, and receive neither an hourly wage nor a salary.   Car…

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