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SOX whistleblower retaliation claim fails

Moakley Courthouse, Boston

Reporting an alleged violation of the Foreign Corrupt Practices Act (FCPA) does not qualify as a “protected activity” under the Sarbanes-Oxley Act (SOX), according to a ruling from a federal appeals court. In Baker v. Smith & Wesson, Inc., a ...

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Take care with attorney-client privilege

Confidential documents

Attorney-client privilege recognizes that, in order to provide sound legal advice, an attorney must be fully informed. The privilege doctrine enables clients to be open and transparent with their legal counsel. In some cases, attorney-client privilege can be used to ...

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Employee benefits and the end of ‘Roe v. Wade’

Earlier this summer the U.S. Supreme Court issued its expected ruling in Dobbs v. Jackson Women’s Health Organization, which overruled long-standing precedent and allowed individual states to regulate access to abortion services. At least twenty-six states immediately banned abortion or ...

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Court remands employee-or-contractor case

Driver in car

A federal appellate court has reversed an award of summary judgment to U.S. Labor Secretary Martin Walsh in a fair labor suit brought against a Minnesota company. The court determined that the competing narratives of “employment relationship” and “independent contractor ...

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Worker can sue ex-employer for tortious interference

An aesthetician at a medical spa who opened her own business after being terminated could sue the spa over its actions in attempting to enforce an allegedly void restrictive covenant, a Massachusetts trial court judge has held. The covenant purported ...

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Union petitions and support on the rise

Americans’ support of unions is on the rise, and the number of union petitions has gone up as well — including petitions involving big, well-known companies like Starbucks and Amazon. For many years, membership in unions in the private sector ...

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What if a layoff becomes necessary? Practical steps for reductions in force

Employee leaving after being fired

As communities continue to be shocked at the gas pump, soaring inflation and whispers of “recession,” there has been an increase in layoffs in certain industries — particularly technology, retail and food. RIFs, if done correctly, can help companies ease ...

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Risk management: A priority for all businesses

Risk meter

Regardless of the size of your organization, or the industry in which you do business, good and accepted practice requires that there be someone responsible for risk management, and that you have internal risk management controls, i.e., a risk management ...

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Managing ‘Roe’ conversations in the workplace

U.S. Supreme Court

Meta, which owns Facebook and Instagram, told its employees not to engage in open discussion of abortion, including the U.S. Supreme Court’s recent ruling overturning Roe v. Wade. In an internal memo obtained by the New York Times, Meta said ...

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NLRB expanding special relief settlements

National Labor Relations Board

When employees have been subjected to discrimination and unfair labor practices, the National Labor Relations Board (NLRB) issues remedies. Historically, those remedies included backpay, reinstatement, and postings in the workplace. However, new guidance from the NLRB has urged their regional ...

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