Searching Content indexed under Contract of Employment by Goodwin Procter LLP ordered by Published Date Descending.
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NLRB Report Provides Guidelines For Social Media Policies
The National Labor Relations Board has been at the forefront of debates concerning restrictions on employers’ use of social media since 2010, when it issued a highly publicized complaint against American Medical Response of Connecticut based on AMR’s discharge of an employee for posting disparaging comments about a supervisor on her Facebook page from her home computer.
United States
15 Jun 2012
New Laws May Restrict Employers From Requesting Social Media Account Log-Ins
Maryland expressly prohibit an employer from requesting or requiring that an employee or job applicant disclose personal social media account log-in information.
United States
8 Jun 2012
New York Mini-WARN Law Requires 90-Day Advance Written Notice Of Certain Employee Layoffs
The economic downturn that, in late 2008, dealt a sharp blow to many New York employers has led many of those employers to consider reductions in force.
United States
2 Feb 2009
A New Congress And President May Prompt Significant Pro-Labor Amendments To The National Labor Relations Act
The incoming United States Congress will consider enacting the Employee Free Choice Act ("EFCA"), which, as last proposed, would dramatically change key provisions of the National Labor Relations Act ("NLRA") to the significant detriment of employers.
United States
17 Dec 2008
Court Declines To Issue Preliminary Injunction To Enforce Garden Leave Provision
In its recent decision in Bear, Stearns & Co., Inc. v. Sharon, the U.S. District Court for the District of Massachusetts declined to issue a preliminary injunction to enforce a contractual provision requiring an employee to provide 90-day’s notice of termination of employment (a so-called "garden leave"; provision), based in part on public policy concerns.
United States
16 Apr 2008
Complying With The New EEO-1 Report Due In September 2007
The Equal Employment Opportunity Commission ("EEOC") and the Office of Federal Contract Compliance Programs ("OFCCP") adopted the EEO-1 report in 1966 to collect annual data from many private employers and federal contractors about their minority and female workforce. Both agencies use the data for enforcement.
United States
30 Jul 2007
Massachusetts Court Holds That Job Changes Do Not Necessarily Nullify Non-Competition/Non-Solicitation Agreements
Some Massachusetts Superior Court decisions over the past two years have suggested that changes in job responsibilities, such as promotions and demotions, can nullify existing non-competition/non-solicitation agreements, and that employers who want the protection of such restrictive covenants must have their employees sign new agreements every time such changes take place.
United States
21 Nov 2005
Practical Steps for Directors to Consider After Disney
On August 9, 2005, after a 37-day trial, the Delaware Chancery Court issued an important decision in the eight-year-old shareholder derivative lawsuit against the board of directors of The Walt Disney Company. That lawsuit had challenged Disney’s hiring and later no-fault termination of one-time Hollywood power broker Michael Ovitz.
United States
4 Oct 2005
Recent Decisions Highlight the Obligation of Massachusetts Employers to Consider Allowing Disabled Employees to Work Remotely as a Reasonable Accommodation
Two recent decisions with opposite results highlight the principle that Massachusetts employers should consider, but may not be required to grant, an employee’s request to work from home or from some other location as an accommodation to the employee’s disability.
United States
12 Aug 2005
Legislation Imposes Additional Obligations on Employers under USERRA
On March 10, 2005, the U.S. Department of Labor ("DOL") published an interim final rule in the Federal Register which affects private employers.
United States
13 Apr 2005
Recent Opinions Clarify New Massachusetts Law Regarding Independent Contractor Classifications
Last year, in a little-noticed amendment to the Massachusetts Weekly Payment of Wages Law ("MWPWL") embedded within "An Act Further Regulating Public Construction," the Commonwealth changed the standard for determining whether workers designated by Massachusetts employers as independent contractors are classified properly.
United States
6 Apr 2005
"Defamation by Conduct" Decision by Massachusetts High Court Creates Potential Employer Liability for Security Precautions Taken When Investigating Misconduct or Terminating Employees
Employers investigating employee misconduct occasionally find it necessary to have security personnel present while employees are being questioned. Also, some employers take the precaution of having security guards accompany terminated employees to their offices or cubicles to retrieve personal belongings and escort them from the premises.
United States
9 Feb 2005
DOL Proposes Amendment to Prohibited Transaction Exemption Concerning Interest-Free Loans
The Department of Labor (the "DOL") proposed an amendment to Prohibited Transaction Exemption 80-26 ("PTE 80-26") under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). PTE 80-26 is a class exemption that permits parties-in-interest with respect to employee benefit plans to make interest-free loans to such plans if certain conditions are met.
United States
5 Jan 2005
DOL Provides Guidance on Fiduciary Duties of Directed Trustees
The Department of Labor (the "DOL") recently issued Field Assistance Bulletin 2004-03 (the "Bulletin") under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The Bulletin provides the DOL’s views on the responsibilities of directed trustees under ERISA, particularly with respect to directions involving employer securities.
United States
22 Dec 2004
Employee Benefits Update - IRS and SSA Announce Dollar Limits and Thresholds for 2005
Also discussed in this update: President Signs Tax Bill with Significant Non-qualified Deferred Compensation Changes/Immediate Action Required; Withholding Requirements Increased for Supplemental Wage Payments in Excess of $1 Million; New Legislation Excludes Incentive Stock Option and Employee Stock Purchase Plan Income from Social Security Wages; Modified Definition of Dependent Potentially Affects Benefit Plans; Automatic Rollover Rules Go Into Effect March 28, 2005 and Guidance Issued on Lo
United States
16 Nov 2004
NLRB Eliminates the Right of Non-Union Employees to Have Co-Worker Present at Investigatory Interview
Earlier this month, the National Labor Relations Board held that non-unionized employees do not have the right to have a co-worker present at an investigatory meeting that the employee reasonably believes may lead to disciplinary action.
United States
3 Aug 2004
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