Effective October 1, 2016, “places of public accommodation” in Massachusetts are prohibited from discriminating against persons based on their gender identity. Under this new anti-discrimination law signed by Governor Charlie Baker this summer, places of public accommodation must allow individuals to use or access gender-segregated areas such as bathrooms and locker rooms consistent with their
One Step Closer to Closing the Pay Gap? EEOC Proposes Expanding EEO-1 Report
Co-written by: Jacqueline Botchman, a third year law student at the University of New Hampshire School of Law
The U.S. Equal Employment Opportunity Commission on Wednesday, July 13, 2016 publicized a revised proposal to expand pay data collection through the Employer Information Report (EEO-1). The proposed revision would require private employers and federal contractors with
EEOC Provides Resource on Leave as Accommodation
Employers have a new resource document to use when determining when and how to grant employees leave as a reasonable accommodation under the Americans with Disabilities Act. The document, published by the EEOC, is entitled Employer-Provided Leave and the Americans with Disabilities Act.
The ADA
applies to employers with 15 or more employees. It requires
New Federal Trade Secret Act Comes With Notice Requirements For Companies
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The DTSA had passed with overwhelming bipartisan support in the Senate and House. It became effective upon its enactment.
In an area that has long been the province of state law, the DTSA now allows a company to
UBER Agrees to Pay Up To $100 Million to Drivers in Settlement of Two Class-Action Lawsuits
Companies: Make Sure You Are Ready For A Litigation Hold
With the number of emails, texts, and other electronic data in the workplace today, not knowing your company’s litigation preservation duties or not having proper procedures in place to meet those responsibilities may later lead to court sanctions such as fines or the loss of a lawsuit. The law prohibits the destruction of potentially relevant
Statistical Samples May Establish Employer Liability in Class Action Lawsuits
In Tyson Foods, Inc. v. Bouaphakeo, the U.S. Supreme Court held that statistical or representative evidence could be used by a class of employees to prove liability for an employer’s failure to pay them for donning and doffing protective gear in violation of
EEOC Proposes New Enforcement Guidance on Retaliation
As has been the case since 2009, the Equal Employment Opportunity Commission again reported that retaliation remained the most frequently filed discrimination charge in fiscal year 2015. With the continued upward trend of these claims, the EEOC has issued new proposed guidance which broadly
Year in Review
As we wrap up another year of legal policies and laws in the employment area, we thought we would look back at the five most viewed blog posts for 2015. These posts represent some of the changes in the law and the guidance issued by government agencies over the past year.
NH JOINS FORCES WITH US DOL TO REDUCE MISCLASSIFICATION OF WORKERS
The NH Department of Labor and the US Department of Labor entered into a memorandum of understanding (MOU) for the purpose of preventing misclassification of workers as independent contractors or some other nonemployee status. The MOU calls for the state and federal agencies to share information and to coordinate their efforts of enforcement. It became