Massachusetts may soon ban most pre-employment marijuana testing under a proposed bill, H. 2179. The bill would allow testing only after a conditional job offer, but employers couldn’t make a clean test a condition of employment, effectively ending the practice for most roles. Why It Matters If passed, this bill would align Massachusetts with states...
A recent ruling by the Supreme Court represents a big win for employees and workplace equality. The court ruled in favor of plaintiff Jatonya Clayborn Muldrow, who sued her employer, the city of St. Louis, for violating Title VII by transferring her to a new position and then denying a requested transfer because of her...
In recent news, the 1st U.S. Circuit Court of Appeals has revived a former Whole Foods employee’s claim that she was fired in retaliation for protected oppositional behavior. Plaintiff Savannah Kinzer worked at a Cambridge, MA Whole Foods in 2020, during which time she repeatedly violated dress code by wearing a Black Lives Matter face...
Pregent Law previously posted on the FTC’s final rule announced on April 23rd for a comprehensive ban on any new con-compete agreements with all workers. This new rule would be exempt for existing non-competes with policy-making, senior executives earning more than $151,164. The claim against non-compete agreements is that they violate Section 5 of the...
This past Monday, a long-awaited trial began regarding the employment status of Uber and Lyft drivers in Massachusetts. Individuals and businesses in Massachusetts and many other states have relied on these ride sharing apps for more than a decade because of their convenience and general affordability. Both Uber and Lyft have revolutionized the transportation industry,...
Biden Administration Announces New Rule Expanding Overtime Pay for Millions of Workers
May 2, 2024by admin
The Biden administration announced a new rule designed to expand overtime pay for millions of the nation’s lower-paid salaried workers. The rule was first proposed last September, reflecting in-depth research of employers, workers, unions, and other stakeholders. This final rule takes into account more than 33,000 comments, and it redefines the salary thresholds determining which...
In an interesting turn of events, the Federal Trade Commission (FTC) banned non-compete agreements by employers last week. The new rule prohibits companies from enforcing existing non-compete agreements on anyone other than senior executives, who the FTC defines as individuals earning “more than $151,164 annually who have policy making responsibilities at an organization.” The rule...
In recent news, the Supreme Judicial Court found Jordan’s Furniture in violation of overtime and Sunday-pay statutes following accusations of a commissions-based compensation scheme. Jordan’s is accused of not providing “separate and additional payments” for overtime and Sunday hours and of “reallocating and crediting payments made to fulfill one set of wage obligations against separate...
The Massachusetts Commission Against Discrimination (MCAD) received a letter from two of its “community partners” this past February requesting a memorandum of understanding to help tackle longstanding and persistent investigation delays. All three parties met at the end of March, but MCAD has yet to agree to a memorandum even with a looming threat of...
The legal case between The Boston Globe and a former executive is particularly interesting because it prompted a broader discussion on what constitutes wages and commissions. The plaintiff in this case, Vinay Mehra, was named president of The Globe in 2017. He states that the company hired him with the sole purpose of increasing revenue...
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