One of the most common and difficult issues employees face is when they have family care giving responsibilities that require them to miss some work and their employers refuse to allow them to take sufficient time off to attend to those responsibilities. Most of us are familiar with these types…
Yesterday, Congress passed a bill that significantly strengthened protections for federal employees who blow the whistle on waste, fraud, abuse, and illegality. According to the Office of Special Counsel (OSC), a federal agency that enforces whistleblower laws, the new law will, among other things: Overturn legal precedents that narrowed protections…
Today, the U.S. First Circuit Court of Appeals affirmed a trial court’s holding that Starbucks violated Massachusetts’ tip sharing law. A group of current and former Starbucks baristas (employees who serve customers) brought this class action against Starbucks because Starbucks required them to share the money deposited in tip jars…
Today, the U.S. First Circuit Court of Appeals, which has jurisdiction over Maine and other New England states, affirmed a Massachusetts trial court’s decision to hold HEI Hospitality liable for unlawfully retaliating against its former senior vice-president. HEI fired the former senior vice-president, Lawrence Trainor, a few hours after he…
Today the New York Times ran a story about the increase this year of employers expressly telling employees who they think the employees should vote for in the election. Until the U.S. Supreme Court’s landmark Citizens United decision in 2010, laws prohibited companies from using corporate money to persuade employees…
In Michigan this year, Proposition 2 will give voters an opportunity to amend the Michigan state constitution so that it protects the collective bargaining rights of public and private employees. Labor unions spearheaded the effort to place this issue on the ballot out of fear that anti-union legislation in nearby…
Yesterday, the U.S. First Circuit Court of Appeals reversed a trial court’s decision to dismiss an age discrimination case against Novartis Ex-Lax, Inc. (“Novartis“). The case arose in Puerto Rico when Novartis fired the plaintiff, Hernan Acevedo-Parrilla (“Acevedo”). The trial court in Puerto Rico dismissed the case based on a…
Yesterday, the U.S. Supreme Court refused to hear an appeal from Merrill Lynch over a race discrimination class action that a class of black stockbrokers filed against it. We previously reported on this case on February 24, 2012 when the Seventh Circuit Court of Appeals ruled against Merrill Lynch. Now…
The Pregnant Workers Fairness Act (PWFA), which has been introduced in both the U.S. House and Senate, would give pregnant women the right to reasonable accommodations similar to employees with disabilities. Currently, under Maine and federal law, employers may not discriminate against pregnant employees. However, if an employer would ordinarily…
On September 18, 2012, the U.S. First Circuit Court of Appeals held that a federal judge in Massachusetts erred in his decision about how much to award in attorney fees and legal expenses to a plaintiff, Carmen Llerena Diaz, who prevailed in an age discrimination case against her former employer.…