What Were They Smoking? Massachusetts Supreme Court Becomes First State Court to Find Employers Must Accommodate Use of Medical Marijuana


As the number of states legalizing the use of marijuana for medical purposes has steadily grown, employers have been anxiously asking whether they are required to accommodate the use of medical marijuana if the use is related to an employee’s disability.
Read More

Supreme Court Clarifies Limits to ERISA Church Plan Exemption


On March 27, 2017, the then 8 Supreme Court Justices heard oral arguments for three consolidated cases regarding the outer bounds of the “church plan” exception under the Employee Retirement Income Security Act of 1974 (ERISA).
Read More

Who is a Whistleblower? The Supreme Court Will Give the Final Word


Next term the Supreme Court hopefully will provide an answer to the hotly debated question whether the Dodd-Frank Act’s anti-retaliation provision (Section 21F) protects only those whistleblowers who report violations to the Securities and Exchange Commission (“SEC”), or if the protections extend to those who report concerns internally.
Read More

Lessons for Employers in FLSA Collective Action Strategy from the Service Industry


One of the most common types of litigation facing employers is the Fair Labor Standards Act (“FLSA”) collective action.
Read More

Are Your Employees’ Personal Phone Numbers “Available” to You?


In April of 2015, the National Labor Relations Board (“NLRB”) issued its new Election Rule (“Rule”) governing representation case procedures.
Read More