Published: June 21, 2017

A Massachusetts trial court judge sitting in the Business Litigation Session recently issued a decision, in Oxford Global Resources, LLC v. Hernandez (1684CV003911-BLS2) (June 9, 2017), refusing to enforce Massachusetts choice of law and choice of venue provisions in an employment contract on the ground that enforcement would result in a “substantial injustice” to the defendant, a California-based employee.

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Published: June 15, 2017

Plaintiff James Wetherbe, a professor in Texas Tech University’s business school, is not your typical professor. While universities are no stranger to lawsuits from unhappy professors passed over for tenure, few see lawsuits from professors who have refused tenure and profess that tenure is anathema to academia. Yet, Wetherbe has twice sued his superiors at Texas Tech, and recently, Texas Tech itself, for unfair treatment he alleges he faced as a result of his anti-tenure stance.

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Published: June 12, 2017

Signaling a clear departure from Obama-era enforcement priorities, the Trump Administration announced on June 7, 2017 that it has withdrawn two Department of Labor guidance documents on worker classification and joint employer status. The worker classification Administrator Interpretation Letter (“AIL”) issued in 2015, strongly favored employee classification over independent contractor classification and took the position that almost all workers would be viewed as employees by the Department of Labor.

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Published: June 5, 2017

Beginning November 2017, fast food and retail employers in New York City will be forced to think twice before making changes to employees’ schedules. Last week, Mayor Bill de Blasio signed the “Fair Workweek” bills into law, which affect fast food employers’ ability to make changes to schedules, require fast food employers to pay employees a premium for schedule changes, and limit the practice of having retail employees remain “on call” for shifts.

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Published: June 2, 2017

In a recent appeal before the United States Sixth Circuit, the Court weighed in on an increasingly controversial issue: Whether employers can require employees to agree to a mandatory arbitration provision that requires individual arbitration of employment-related claims, thus forbidding class actions or claims otherwise joined with the claims of others.  According to the Sixth Circuit, they may not.
 

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Published: June 1, 2017

The Chamber of Commerce for Greater Philadelphia’s lawsuit seeking to block a Philadelphia ordinance that prohibits employers from asking questions about an applicant’s salary history was dismissed by the US District Court for the Eastern District of Pennsylvania on May 30, 2017.  The Chamber has 14 days to file an Amended Complaint to correct a standing issue, according to Judge Mitchell S. Goldberg.
 

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