Category Archives: Hiring Process

New Noncompete Agreement Law in Massachusetts

Introduction On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth.  The bill was signed by Governor Baker on August 10, 2018, and the law will go into effect on October 1, 2018.  The new law will apply only to agreements that are signed on or after October 1, 2018. The law does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements. Coverage The new law applies to …

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Noncompete Agreement Bill Finally Passes in Massachusetts

On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth.  If the bill is signed by Governor Baker, the law will go into effect on October 1, 2018, and will apply only to agreements that are signed after that date.  The bill does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements.  Click here for the full alert.

Webinar: What Employers Should Know About Class Waivers After Epic Systems Decision

Join LeClairRyan on Thursday, August 23 starting at 1 pm ET for this upcoming event. In a decisive 5-4 opinion, the Supreme Court held in Epic Systems Corp. v. Lewis that class action waivers in employment arbitration agreements must be enforced under the Federal Arbitration Act (FAA), and neither the FAA’s saving clause nor the National Labor Relations Act (NLRA) suggest otherwise. This case reaffirms longstanding federal policy favoring arbitration. This complimentary one hour webinar will discuss the Court’s findings, its potential impact on both employers and employees, the pros and cons of employment arbitration agreements, and best practices designed …

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What Will Janus Mean for Employers?

In recent decades unions have faced several challenges.  First, union membership continues to decline.  As of 2017, 14.8 million workers in America (10.7% of the workforce) were represented by a union, which is down from 17.7 million in 1983 (20.1% of the workforce).1  Second, more than half the states have passed “right-to-work” legislation, which prohibits employees from being required to join a union or pay an agency fee as a condition of employment.2  With Kentucky and Missouri enacting legislation in 2017, 28 states are now “right-to-work” states.

States Continue To Pass Equal Pay Legislation

While the Federal Equal Pay Act, which mandates employers to pay men and women the same pay for the same work, has been the law for 55 years, salary surveys continue to show that women are paid less than men.  In an effort to address this pay gap, states around the country are passing their own legislation.  Some of the states have enacted similar provisions, while a few have enacted unique provisions. Ban On Salary History Inquiries Studies have shown that one factor contributing to ongoing pay discrepancies is that an employee’s starting salary with an employer is often based …

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What Does HR Have to Do with a Med Mal Case for Long Term Care Providers?

It is no secret that HR professionals and executives are the gatekeepers for so many workplace legal concerns. With long term care providers, the focus on patient care is always paramount; but mitigating risk goes hand in hand with your day-to-day staff operations. This patient care and employee/employer behavior reaches an immediate, pivotal crossroads when a medical malpractice claim is filed. Now, the facility’s HR practices are heavily scrutinized to determine if and what was known about the offending employee from the time of hire to the reported incident and steps taken by the employer to correct and more.  Brian …

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California Implements Statewide “Ban the Box” Law Effective January 1, 2018

  California has become the tenth state to pass the “ban-the-box” law which removes the conviction history question on job applications for private employers with five or more employees.   Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, and Vermont have already passed ban-the-box laws statewide. Assembly Bill 1008 signed by Governor Jerry Brown will become effective January 1, 2018.  AB 1008 adds a section to the California Fair Employment and Housing Act (FEHA) which prohibits an employer from engaging in various defined forms of discriminatory employment practices. Employment Application.  AB 1008 makes it an unlawful employment practice under …

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USCIS Requires Interviews for Employment-Based Adjustment of Status Applications Beginning October 1

October 1, 2017 marks the start of the United States Citizenship and Immigration Services (USCIS) mandate of an in-person interview for any individual adjusting from an employment-based status to permanent residency (Form I-485 adjustment of status interviews). The requirement will also take effect for family members of refugees or asylees applying for derivative refugee or asylee status (Form I-730 refugee/asylee relative interviews). USCIS currently requires interviews for family-based green card and naturalization adjudications, whether that potential beneficiary is applying for adjustment of status in the U.S. or undergoing consular processing abroad. However, the interview requirement is generally waived for the …

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Is Gender Identity a Protected Class?

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.”  Yesterday, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal government’s stance regarding whether gender identity is a protected class under Title VII of the Civil Rights Act of 1964 (Title VII). Attorney General Jeff Sessions communicated in a letter to all U.S. Attorneys on October 4, 2017 that Title VII does not cover bias based on transgender status.  The letter reverses a position taken by former Attorney General Eric Holder in December 2014.  Attorney General Sessions wrote, “This …

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Proposed NJ “Facebook” Bill Will Challenge Employers

New Jersey employers will not “like” a so-called Facebook bill that’s pending in the New Jersey Legislature. The bill, which will likely pass, illustrates the trend towards limiting employers’ use of social media for hiring and firing decisions. In its current form, the bill (A-2878) would prohibit employers from requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to a personal account or service through an electronic communications device.