Category Archives: Labor and Employment

H1B: One More Hurdle to Creating Your Dream Team

This past Tuesday thousands of applications were submitted for coveted H1B visas. These visas are necessary for U.S. employers who want to hire high-skilled foreign workers. The majority of these applications are for workers with advanced degrees and many have … Continue reading

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A Whole New Game: College Athletes Are Employees

The National Labor Relations Board (NLRB) has decided that Northwestern University athletes are employees of the University and, as such, are allowed to form a union. The athletes claim they just want a seat at the table to discuss issues. … Continue reading

Posted in FLSA, Independent Contractor, Labor and Employment, NLRB, Wage and Hour | Leave a comment

New Northampton Smoking Restrictions Affect Employers

Yesterday, the Northampton Board of Health met to discuss amendments to the town smoking regulations.  These amendments renewed a complete prohibition of smoking in workplaces and other areas.  Notably, unlike other regulations, to be a “workplace” under this restriction there … Continue reading

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If You Can’t Beat Them, Join Them

Amherst held a Town Meeting on Wednesday night, March 19, to discuss the possibility of increasing the minimum wage in Amherst to $15 per hour. If the referendum was approved or rejected by the Town Counsel then a call for … Continue reading

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When Your Workers Go Into Extra Innings: New Overtime Regulations May Be Coming

President Obama has asked the Department of Labor (DOL) to update the current overtime regulations to expand the number of workers who are eligible for overtime pay. While the actual details have not been released and may not be for … Continue reading

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Anything You Can Do We Can Do Better! Amherst Discusses Raising Town Minimum Wage to $15

While Massachusetts has been working on a bill to raise the state minimum wage to $11 an hour gradually over the next three years, Amherst is considering implementing a town minimum wage of $15 an hour. Tomorrow, March 19, 2014, … Continue reading

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SURPRISE! OSHA Inspection!

Under the Occupational Safety and Health Act (OSHA), inspectors are authorized to “inspect and investigate during regular working hours, and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all … Continue reading

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Where Does the Workday End?

The time for which an employee must be compensated isn’t simply the time they spend working. Among other requirements, the Fair Labor and Standards Act (FLSA) demands that employees are paid for all time during which they are required to … Continue reading

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The $80,000 Secret – The Importance of Confidentiality Clauses

When a 69 year old former school headmaster’s contract wasn’t renewed he filed a claim for age discrimination. The school, Gulliver Preparatory School, decided to settle this lawsuit and in the settlement included a confidentiality agreement. While there are several … Continue reading

Posted in Age, Discrimination, Labor and Employment, Termination | Leave a comment

GINA’s First Victim

This past month the Equal Opportunity Employment Commission (EEOC) saw its first systematic outcome in a case alleging violations of the Genetic Information Nondisclosure Act (GINA). A former New York nursing and rehabilitation center will pay $370,000 to settle a … Continue reading

Posted in Discrimination, GINA, Health Care, Labor and Employment | Leave a comment