by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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When people talk about noncompete agreements in New Hampshire, it’s not always clear what they are referring to. Judges, lawyers, and business professionals often use different terms to describe different types of...
In a recent decision, the U.S. District Court for the District of Maine addressed an uncommon claim under the Maine Human Rights Act (MHRA). The case involved alleged discrimination against an employee for obtaining a...
On August 26, 2026, National Labor Relations Board (NLRB) General Counsel (GC) Crystal S. Carey issued Memorandum GC 26-04 with the subject line, “Further Guidance Regarding General Counsel Priorities.” The memo...
Over the past couple of years, numerous large employers and their health plan fiduciaries have faced lawsuits regarding their health plan’s tobacco surcharge. A tobacco surcharge wellness program typically charges a...
On September 2, 2026, the U.S. Court of Appeals for the 2nd Circuit issued its decision in Siren Retail Corp. v. NLRB, No. 24-3168, granting Starbucks’ petition for review and denying enforcement of the National Labor...
Q Must a nonexempt employee who is scheduled to work 14 hours in a two-week pay period be paid overtime if they work more than the 14 hours? This question gets at four core things to know about overtime: First, overtime...
“The disability-discrimination and medical leave laws are shields against discrimination, not get-out-of-discipline-free cards.” These were the first words spoken by a federal appeals court rejecting the discrimination...
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against a qualified individual on the basis of disability and requires reasonable accommodations for qualified individuals with...
On August 26, 2026, National Labor Relations Board (NLRB) General Counsel (GC) Crystal Carey publicly identified the cases she is urging the Board to overturn, including several significant Biden-era precedents. This...
Q We’re a nonprofit employer that has an employee whose spouse suffered a severe injury. Are we required to indefinitely provide a salary and Family and Medical Leave Act (FMLA) leave to this employee to care for the...
Typically, employees can sue their employers for sex discrimination or retaliation under Title VII of the Civil Rights Act of 1964. But now, a case before the U.S. Supreme Court could provide employees of federally...
In early September, the Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Opinion Letter FLSA2026-11, addressing a question many employers with large or sprawling worksites have faced: Does mandatory walk...
I once settled a case in exchange for an apology. The parties had spent plenty of time talking about the law, the facts, and the value of the claims. In the end, what mattered most to the employee was hearing someone...
Most people detest conflict in the workplace. And when it culminates or manifests via an employee outburst, it can drain morale and even lead to legal headaches. These situations often result in employee discipline. The...
A short-term continuing resolution (CR) was enacted and signed on September 2, keeping the federal government funded at fiscal year (FY) 2026 levels through December 11, 2026, and averting an October 1 government...
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