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Three VDH Attorneys Named 2023 Massachusetts Super Lawyers and Rising Stars
Posted: /in News /by Heather McCarthyRobert 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
Posted: /in News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyOn 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
Posted: /in Events, News /by Heather McCarthyOn 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
Posted: /in News /by Heather McCarthyIn 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
Posted: /in News /by Heather McCarthyOn 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 […]
EEOC Will Now Accept Charges Under the Pregnant Workers Fairness Act
Posted: /in News /by Heather McCarthyEffective June 27, 2023, the EEOC will accept charges under the Pregnant Workers Fairness Act (“PWFA”). The PWFA offers protections for employees experiencing pregnancy, childbirth, or related medical conditions. In particular, the PWFA mandates that employers with fifteen (15) or more employees grant eligible employees “reasonable accommodations” unless doing so would impose an “undue hardship.” […]
Student Denied Preliminary Injunction in “There Are Only Two Genders” T-Shirt Case
Posted: /in News /by Heather McCarthyThis month, the U.S. District Court for the District of Massachusetts declined to issue a preliminary injunction in L.M. v. Town of Middleborough, No. 1:23-cv-11111-IT, which would have precluded school officials from enforcing the school dress code to prohibit a student from wearing a t-shirt with the message “THERE ARE ONLY TWO GENDERS” while at […]
Department of Education’s Office for Civil Rights Issues Guidance Regarding English Learner Students
Posted: /in News /by Heather McCarthySchool districts offer specialized or advanced educational programs for students that are designed to boost college access, degree attainment, and occupational skills. However, civil rights data collected by the Department of Education’s Office for Civil Rights (OCR) reveals that English Learner (EL) students are less likely to participate in such programs as compared to their […]