On Sept. 10, the U.S. District Court for the District of Massachusetts issued a Memorandum and Order granting summary judgment in favor of a franchisor in response to claims by franchisees that they were not independent contractors but employees of the franchisor. The federal court determined that…
Joint Employment—Still a Conundrum in Massachusetts
In Patel v. 7-Eleven Inc., a Massachusetts court found that even though the franchisor exercised control over its franchisees, those compliance requirements did not run counter to the state’s ABC test to establish joint employment. 7-Eleven argued that regulations from the U.S. Federal…
Understanding Hiring and Wage and Hour Law in Vermont
In Vermont, a job advertisement cannot indicate any preference, limitation, specification, or discrimination based on any protected category. Vermont has adopted the ban-the-box restriction for initial applications. Employers may ask about convictions during the interview or they may condition…
Updated Guidance From California’s DFEH at the One Year Mark of the Pandemic
The California Department of Fair Employment and Housing has updated its Covid-19 guidance for employers. The guidance states that employers may ask employees if they are experiencing Covid-19 symptoms, and why they did not report to work if they suspect the absence was for a medical reason….
Failure to State Cost of Confirmatory Retest Violates Iowa Drug Testing Law
In Woods v. Charles Gabus Ford Inc., an Iowa court ruled that an employer’s failure to notify an employee of the cost of a confirmatory retest of his original drug test specimen is a violation of the state’s drug testing law. In this case, the employer terminated an employee for testing…
Managing the Employment Relationship in Vermont
Vermont’s labor and employment laws generally are set forth in Title 21. The state’s laws governing the employment relationship generally apply broadly, placing the burden on employers to prove that there is no employment relationship. For example, the Fair Employment Practices Act applies to any…
Third Circuit Court Opines on Donning and Doffing Under FLSA
In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act. The Third Circuit vacated the District Court for the Middle District of…
NLRB General Counsel Reaffirms Commitment to Seeking Injunctions to Protect Workers’ Rights
In a July 16 memorandum, Jennifer Abruzzo, general counsel of the U.S. National Labor Relations Board, reaffirmed her commitment to seeking Section 10(j) injunctions in the wake of the U.S. Supreme Court’s decision in Starbucks Corp. v. McKinney, which established a uniform four-part test…
Drugs and Alcohol in the Workplace
There are several things employers should understand when it comes to drugs and alcohol in the workplace. First, they should understand that employers can prohibit illegal drugs in the workplace and generally can test employees “without cause” for illegal drugs. This does not include marijuana in…
Reducing Your Company’s Exposure to Trade Secret Litigation When Key Employees Come and Go
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