On December 17, 2019, the National Labor Relations Board (“NLRB”) held that confidentiality mandates during pending workplace investigations are lawful. This ruling overruled the NLRB’s recent precedent that such mandates infringe on the rights of employees (union or non-union) under the National Labor Relations Act (“NLRA”) to engage in “concerted protected activity”, which includes the

Jody Newman
It’s Not Just California with an Employee-Friendly Worker Misclassification Test: Massachusetts was an Early Adopter
The legal community paid close attention to the California Supreme Court’s 2018 Dynamex decision which adopted a strict test to curtail misclassification of workers as independent contractors. Now that the California legislature has codified and signed the Dynamex decision into law as Assembly Bill 5 (“AB 5”), both the national and legal press have sounded…
Save the Date: Making Sense of New Family Leave Laws
Paid sick leave, additional family and medical leave, disability and parental leave – the number of leave entitlements at the state and local level keep proliferating. Compliance with this new legal landscape is tricky, and particularly so for employers with multi-jurisdictional workforces. The Hogan Lovells Employment team is here to help. On November 7 at…
MASSACHUSETTS PAID FAMILY AND MEDICAL LEAVE UPDATE: NOTICE AND CONTRIBUTION REQUIREMENTS GO INTO EFFECT NEXT WEEK
Employers with employees—and, in some cases, 1099-MISC contractors —in Massachusetts have obligations starting next week under Massachusetts’ new Paid Family and Medical Leave Law (“MPFML”), which will entitle most Massachusetts workers to paid family and medical leave. Although benefits will not be available until 2021, employers must do two things now: provide notice to workers…
Save the Date – Hogan Lovells Pay Equity Webinar
On May 21 at 1:00 p.m. eastern, the Employment and Executive Compensation Groups of Hogan Lovells will host a one-hour webinar to discuss pay equity laws and compliance issues. A hot-button issue, pay equity is regularly in the news and atop legislative and regulatory agendas in the employment sphere at federal, state and local levels.…
Hogan Lovells Announces Pay Equity Webinar
The issue of pay equity has risen to the top of the news cycle—especially today, a day dubbed Equal Pay Day by advocates seeking to raise public awareness. But pay equity also is ascending legislative agendas and enforcement priorities, particularly at the state level. Recognizing this trend, the Hogan Lovells U.S. Employment Group will host…
The #MeToo Movement Comes to Court
As 2018 draws to a close, it is worth taking a closer look at the increasing legal impact of the #MeToo movement. The chorus of victims’ voices and the media spotlight exposed the prevalence of sexual misconduct in the workplace. As a result, state legislatures passed reform measures to create new laws—from New York’s mandate…
Non-Compete Reform Comes to Massachusetts
An economic development bill passed on August 1, 2018 at the close of the Massachusetts Legislature’s 2018 session sets limits on non-compete agreements after a nearly 10 year debate on non-compete reform. The bill, titled, “An Act relative to the judicial enforcement of non-compete agreements,” expected to be signed into law by the governor, will…
The Massachusetts Attorney General Issues Guidance on Sweeping Changes to the Massachusetts Equal Pay Act
In advance of the July 1, 2018 implementation of extensive amendments to the Massachusetts Equal Pay Act (“MEPA”), the Attorney General (“AG”) issued its Guidance on March 1, 2018. While the Guidance does not have regulatory effect, the state’s highest court, the Supreme Judicial Court, has generally afforded substantial deference to such statutory interpretations by…