Massachusetts News & Analysis

  • New NLRB General Counsel identifies possible changes

    From: Massachusetts Employment Law Letter | 10/01/2021
    by Ryan J. Funk, Matthew A. Fontana, and Carita Austin, Faegre Drinker

    Those of you who have watched the National Labor Relations Board (NLRB)—the nation's primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she released an internal memorandum blueprint for changes to the law she would like to see the agency implement.

  • Workplace primer on attracting, retaining neurodiverse talent

    From: Massachusetts Employment Law Letter | 10/01/2021
    by Erika C. Collins, Ryan H. Hutzler, and Emily Schipske, Faegre Drinker

    Neurodiversity represents the inherent differences in neurological structure and function. The term encompasses neurocognitive differences such as autism, attention deficit hyperactivity disorder (ADHD), dyslexia, Tourette's syndrome, anxiety, obsessive-compulsive disorder, depression, intellectual disability, and schizophrenia. Most governments don't provide neurodiverse individuals with the support necessary to enter and remain in the workforce, but many multinational employers are becoming aware of the benefits of having a neurodiverse workplace.

  • It's time to think about the holidays: To party or not to party?

    From: Massachusetts Employment Law Letter | 10/01/2021
    by Tammy Binford

    As fall settles in, it's time to think about the upcoming holiday season. But the continuing pandemic makes it hard to plan. Will it be safe to party in person this year? Is it OK for vaccinated coworkers to gather for food, drink, and other merriment? Perhaps an alternative activity such as the Zoom parties some organizations threw last year are more appropriate. Or maybe a nice gift basket delivered to employees' homes would be a better option.

  • Both friends and foes of unions stepping up their efforts

    From: Massachusetts Employment Law Letter | 10/01/2021
    by Tammy Binford

    The union movement has seen declining numbers for decades, but with a staunchly prounion advocate in the White House, union supporters are hoping to soon see progress for their cause. But union foes are hoping to thwart efforts aimed at easing the way for unionization.

  • Cutting-Edge HR

    From: Massachusetts Employment Law Letter | 10/01/2021

    Survey finds enhancing employee experience a priority. More than nine in 10 employers (94%) say enhancing the employee experience will be an important priority at their organization over the next three years. That compares with just 54% that indicated it was important to their organization before the pandemic, according to a survey from advisory firm Willis Towers Watson. The 2021 Employee Experience Survey also shows that adapting to the new reality of work will take time and require a hybrid work model, and many employers are not ready to meet that challenge. The survey also shows most respondents believe a positive employee experience is a key driver of engagement, employee well-being, productivity, and ability to attract and retain talent. The survey also shows that while employers expect the proportion of their employees working primarily remotely will drop in three years, they expect one in four will be working a mix of on-site and remotely in three years, triple the current number.

  • Hiring is tough, but don't waive restrictive covenants

    From: Massachusetts Employment Law Letter | 09/01/2021
    by Brian Bouchard, Sheehan Phinney Bass & Green PA

    Hiring. It's easily the most significant challenge facing almost every company as we try to move away from the COVID-19 pandemic economy. Businesses are having difficulty recruiting and keeping talent in almost every profession, field, and position. Now is not the time, however, to waive your key employment covenants.

  • Portland emergency minimum wage validity, effective date affirmed

    From: Massachusetts Employment Law Letter | 09/01/2021
    by Hannah Wurgaft and Peter Lowe, Brann & Isaacson

    Portland's emergency minimum wage law is valid and takes effect on January 1, 2022, the Maine Supreme Court recently decided, affirming a lower court ruling. Should a state of emergency be declared in the future, the new law will affect public and private organizations with employees in the city. In the meantime, labor shortages (rather than the legislation) may drive hourly wages up.

  • Biden targets noncompetes in Executive Order promoting competition

    From: Massachusetts Employment Law Letter | 09/01/2021
    by David J. Woolf and Janice Sued Agresti, Faegre Drinker

    In a recent Executive Order (EO) on promoting competition in the American economy, President Joe Biden encouraged the Federal Trade Commission (FTC) to ban or limit noncompete agreements. In doing so, he continues (and potentially accelerates) what to date has been a piecemeal effort conducted almost exclusively at the state level to limit and, in some cases, prohibit the use of noncompetes, particularly for low-wage workers.

  • Employers cautiously weigh whether to mandate vaccines

    From: Massachusetts Employment Law Letter | 09/01/2021
    by Gary S. Fealk, Bodman PLC

    To mandate or not to mandate COVID-19 vaccines—that's the pressing issue employers are confronting. Overall, many are still cautious about requiring the shots, and rightfully so.

  • Rocket propulsion manufacturer cannot limit employment opportunities to U.S. citizens

    From: Massachusetts Employment Law Letter | 09/01/2021
    by Franck G. Wobst, Porter Wright Morris & Arthur, LLP

    A recent settlement between the U.S. Department of Justice (DOJ) and a rocket and missile propulsion manufacturer serves as a useful reminder of the scope and purpose of the Immigration and Nationality Act of 1965 (INA) and the authority of the department's Immigrant and Employee Rights (IER) section.