by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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Q Must a nonexempt employee who is scheduled to work 14 hours in a two-week pay period be paid overtime if the employee works more than the 14 hours? The short answer is no. In Massachusetts, an employer doesn’t have to...
A recent consent decree resolving an Equal Employment Opportunity Commission (EEOC) sexual harassment lawsuit against a senior living operator in Arizona offers important lessons for employers, particularly those in...
In a hostile environment case caused by coworkers, a prompt and complete employer investigation leading to action “reasonably calculated” to end the harassment will absolve the employer of liability. But prompt is only...
Do you know what spoliation means? One Massachusetts employer just learned the hard way. Employers involved in litigation or reasonably anticipated litigation have a legal obligation to preserve potentially relevant...
The Department of Homeland Security (DHS) is moving forward with a proposed rule that could eliminate the discretionary 60-day grace period currently available to certain nonimmigrant workers following the termination of...
Oct 01, 2026 · Employment Law Letter
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In a recent decision, the U.S. Court of Appeals for the 6th Circuit (whose rulings apply to all employers in Michigan, Ohio, Kentucky, and Tennessee) reaffirmed an important principle for employers: Employees who engage...
As a recent case demonstrates, favoring employees based on their religion can be as troublesome as penalizing employees for their religious beliefs. Religion at the hospital Stephanie Osei was employed as a nurse at...
Oct 01, 2026 · Employment Law Letter
· Midsouth
· Kentucky
· North Carolina
· South Carolina
· Tennessee
· West Virginia
· Midwest
· Arkansas
· Kansas
· Missouri
· Oklahoma
· Mountain West
· Colorado
· Idaho
· Montana
· New Mexico
· Utah
· Wyoming
· West
· Alaska
· Arizona
· Hawaii
· Nevada
· Oregon
· Washington
On August 26, 2026, the Equal Employment Opportunity Commission (EEOC) published its updated strategic plan for 2026 to 2030, effective immediately, after a 2-to-1 vote. Establishing framework, but no new obligations The...
Q Should we pay employees for the time and travel to workplace injury follow-up appointments? We’ve been requiring them to use paid time off (PTO). This issue is governed by workers’ compensation laws, which may vary...
New York Governor Kathy Hochul signed NY Senate Bill S3460 (A.2107) on September 9, 2026. The new statute, which will become effective on November 8, 2026, gives current and former employees throughout New York State the...
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) recently issued two opinion letters addressing how the Fair Labor Standards Act (FLSA) applies to employee travel time in modern work arrangements. Together...
Employers are usually familiar with the language of the Americans with Disabilities Act (ADA), which allows an employer to decline to provide requested accommodation to an individual with a disability if the...
On August 5, 2026, the U.S. Court of Appeals for the 4th Circuit (whose rulings apply to all employers in Maryland and Virginia) issued an opinion vacating a lower court’s ruling that unpaid leave was a reasonable...
The National Labor Relations Board (NLRB) spent most of 2025 without a quorum. Recently, the Senate confirmed additional members, clearing the way for the Board to finally start issuing potentially precedent-setting (or...
Most public or quasi-public statutory authorities owe constitutional due process and mandatory hearing rights to individual physicians before terminating employment for cause. But what about privately owned medical...
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