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Nick Dominello To Present at 2023 Massachusetts Council of School Attorneys (“COSA”) Annual Conference

On Friday, December 8, 2023 Nick will present at the COSA Annual Conference at the UMass Club in Boston. Nick will discuss updates and trends in collective bargaining. For more information, please click here.

NLRB Broadens Standard for Determining Joint-Employer Status

On October 27, 2023, the National Labor Relations Board (“NLRB”) published a final rule that changed the standard for determining whether two or more entities may be classified as joint-employers for purposes of the National Labor Relations Act. The final rule broadened the standard to include more employers than would have previously been classified as […]

Court Dismisses First Amendment Claim by Teacher Who Was Fired for Pre-Employment Social Media Activity

On September 25, 2023, the United States District Court for the District of Massachusetts issued a decision in MacRae v. Mattos, No. 21-cv-11917-DJC, granting summary judgment in favor of the Hanover Public Schools (the “District”) and two District administrators who were alleged to have retaliated against a teacher for exercising her First Amendment rights when […]

Three VDH Attorneys Named 2023 Massachusetts Super Lawyers and Rising Stars

Robert D. Hillman and John Foskett have been named Massachusetts Super Lawyers for 2023 and Jennifer F. King has been named a Massachusetts Rising Star.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer […]

Employer Engaged in Unlawful Discrimination by Refusing to Excuse an Employee From Overtime

On September 21, 2023, the Massachusetts Appeals Court issued a decision in Tufts Medical Center v. Dalexis, No. 22-P-15, which affirmed a Massachusetts Commission Against Discrimination (“MCAD”) decision holding that Tufts Medical Center (“Tufts”) engaged in unlawful discrimination on the basis of disability by refusing to excuse an inpatient nurse from overtime. Dalexis worked as […]

NLRB Holds that Worker Advocacy for Non-Employees is Protected by Labor Law

On August 26, 2023, the National Labor Relations Board (“NLRB”) issued a decision and order in American Federation for Children, Inc and Sarah Rayborn, 28-CA-246878 and 28-CA-262471, holding that an employee who elicited support from her colleagues for an ex-employee had engaged in action protected by the National Labor Relations Act (“NLRA”). In doing so, […]

Proposed Rule by the DOL Would Increase the Salary Levels Needed to Qualify for the “White Collar” FLSA Overtime Exemption

On September 8, 2023, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced publication of a Notice of Proposed Rulemaking that seeks to amend the regulations issued under section 13(a)(1) of the Fair Labor Standards Act (FLSA). These regulations implement the exemption from the minimum wage and overtime pay requirements for executive, administrative, […]

Liz Valerio and Nick Dominello To Present at 2023 Massachusetts Association of School Committees (“MASC”) and Massachusetts Association of School Superintendents (“MASS”) Annual Joint Conference

On Friday, November 10, 2023 Liz and Nick will present at the MASC/MASS Annual Joint Conference in Hyannis.  Liz and Nick will discuss trends in collective bargaining.

Massachusetts Commission Against Discrimination Holds Employer Unlawfully Denied an Employee’s Reasonable Accommodation to Work Remotely Two Days a Week and Awarded $75,000 in Emotional Distress Damages

In June, a Hearing Officer for the Massachusetts Commission Against Discrimination (MCAD) issued a decision in Massachusetts Commission Against Discrimination, et al. v. Organogenesis, Inc (No. 17-BEM-01945), holding that an employer unlawfully discriminated against an employee when it refused to grant the employee’s request for a reasonable accommodation to work remotely two days a week. […]

Supreme Court Raises Bar Employers Must Jump Over to Justify a Lack of Accommodation to an Employee’s Religious Practice

On June 29, 2023, the United States Supreme Court issued a unanimous decision in Groff v. DeJoy, No. 22-174 (2023), which “clarified” and effectively changed the religious accommodation standard under Title VII of the Civil Rights Act of 1964, U.S.C. §2000e(j). Under Title VII, employers must reasonably accommodate an employee’s religious practice unless the employer […]