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07/30/13 Senate Confirms Morgan Lewis Partner Philip Miscimarra as Member of National Labor Relations Board
Morgan Lewis Labor and Employment partner Philip A. Miscimarra was confirmed today, by a voice vote of the United States Senate, to be a Member of the National Labor Relations Board.
04/09/13 Morgan Lewis Partner Philip Miscimarra Nominated to National Labor Relations Board
Morgan Lewis Labor and Employment partner Philip A. Miscimarra has been nominated by President Obama to be a Member of the National Labor Relations Board.
02/01/13 5th Circ. Poised To Weigh NLRB Class Waiver Ban, Law360
Labor and Employment partner Ross Friedman is quoted.
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75 Publications Found
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June 2014 Employee Communications: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Employment in Massachusetts is at-will. The general rule in Massachusetts is that an employment-at-will relationship can be terminated at any time, for any reason, or for no reason at all. Massachusetts law requires employers ... more

June 2014 Interviewing and Selecting Job Candidates: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

The Massachusetts Fair Employment Practices Act prohibits discrimination based on numerous protected classes and applies to private employers with six or more employees and all public employers. Supervisors and managers can be... more

June 2014 Employee Classification: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Massachusetts' overtime and minimum wage exemptions, while similar to the Fair Labor Standards Act (FLSA) in many respects, are not identical. Where state law is silent on an exemption, federal precedent will be used to in... more

June 2014 Performance Appraisals: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Generally, Massachusetts law does not restrict private communications involving opinions, including performance appraisals, particularly when those communications are kept confidential between management and the employee. Howe... more

June 2014 Hours Worked: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Unless regularly scheduled for fewer than three hours per shift, an employee who reports to work by request or with permission must be paid for at least three hours at the minimum wage, even if work is not available. If an emp... more

June 2014 Terms of Employment: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Massachusetts employers must make certain that all terms of employment comply not only with federal law, but also with Massachusetts antidiscrimination laws. In Massachusetts, an employee who is not a member of a union is typi... more

June 2014 New Hire Paperwork: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Massachusetts does not require significant additional paperwork for new hires beyond that mandated by federal law.  Massachusetts employers need only ensure that employees receive two state-specific documents. In Massachu... more

June 2014 Child Labor: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Massachusetts has established child labor requirements involving prohibited occupations, hours of work, break periods and employment certificates. more

June 2014 Employee Handbooks – Work Rules – Employee Conduct: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Massachusetts is an employment at-will state. Provided there is no contract, express or implied, Massachusetts recognizes two common law exceptions to the at-will doctrine. Specifically, terminations in violation of publi... more

June 2014 Recruiting: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Employers and job seekers may take advantage of training and recruitment resources provided by the Massachusetts Division of Labor and Workforce Development. The Massachusetts fair employment practices law prohibits discrimina... more

June 2014 Independent Contractors: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Summary:  Massachusetts applies stricter criteria than federal law when determining independent contractor status. The Massachusetts Attorney General’s Office and the Massachusetts Department of Unemployment Assis... more

June 2014 Recordkeeping for Employee Compensation Purposes: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

Massachusetts employers must keep records containing specified information for each employee, some of which concerns employee compensation.     more

June 2014 Employee Discipline: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

The Massachusetts Fair Employment Practices Law prohibits discrimination based on multiple categories.  Massachusetts prohibits retaliation against employees who disclose or threaten to disclose certain violations of law.... more

June 2014 USERRA: Massachusetts, XpertHR Employment Law Manual

Outside Publication | Article
Lisa Burton, Peter Mee

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides leave rights for public and private employees with US or state military obligations. Massachusetts law provides some additio... more

06/26/14 U.S. Supreme Court Issues Historic Noel Canning Decision

LawFlash/Client Alert | Labor and Employment LawFlash
John Ring, Charles Cohen, Joseph Ragaglia, Jonathan Fritts, Daniel Bordoni, Ross Friedman, Allyson Ho

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and August 2013.

03/03/14 Revisit Union Leave Policies After 7th Circ. Decision, Law360

Outside Publication | Article
Daniel Bordoni, Ross Friedman

02/06/14 NLRB Issues New Proposed “Quickie” Election Rules

LawFlash/Client Alert | Labor and Employment LawFlash
John Ring

After an unsuccessful effort to implement new election rules in 2011, the NLRB has issued proposed election rules that would substantially speed up the existing union election process.

12/05/13 Fifth Circuit Rejects NLRB’s Ban on Class Action Waivers

LawFlash/Client Alert | Labor and Employment LawFlash
John Ring

Court disagrees with the National Labor Relations Board’s D.R. Horton holding that arbitration agreements with a class/collective action waiver violate the National Labor Relations Act if the agreement is a condition of employment.

11/11/13 Employer Payment of Union Officials’ Salaries Deemed Unlawful

LawFlash/Client Alert | Labor and Employment LawFlash
John Ring

Seventh Circuit breaks with long-relied-upon precedent, holding that wage payments to former employees on leaves of absence for union business violate section 302 of the LMRA.

05/17/13 Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

LawFlash/Client Alert | Labor and Employment LawFlash
John Ring

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.

05/09/13 D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid

LawFlash/Client Alert | Labor and Employment LawFlash
David Broderdorf, John Ring, Ross Friedman

Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.

03/04/13 Labor and Employment Issues in Corporate Transactions: Strategic Considerations and Hidden Liabilities, PLC Labor & Employment

Outside Publication | Article
Stanley Lechner

02/07/13 DOL Publishes New FMLA Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Michelle Silverman, Silvia LeBlanc, Sarah Andrews, Rene Johnson

Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules.

01/31/13 NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights.

01/22/13 The Second Obama Term: NLRB Outlook

LawFlash/Client Alert | Labor and Employment LawFlash
John Ring

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining.

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