Foley Hoag - Labor and Employment Law

Fri, 01 Aug 2008 10:52:39 EDT

Represented Spanish-owned cement industry client in responding to comprehensive Steelworker corporate campaign against the client, which included lawsuits, Spanish union involvement, pressure tactics on shareholders, local community and political pressure. Assisted the client in addressing strike issues, including unfair labor practice strike charges. Advised client as to its responsibilities during the processing of a subsequent decertification petition.

Fri, 01 Aug 2008 10:52:39 EDT

Served as lead counsel for an international retailer in its first-ever set of union elections in the United States

Fri, 01 Aug 2008 12:50:32 EDT

Represented a transportation-industry client in defending a Fair Labor Standards Act collective action involving claims that our client misclassified a group of employees as exempt from overtime requirements

Fri, 01 Aug 2008 12:50:32 EDT

Represented an international telecommunications client in a putative class action, brought in federal court in Indiana, by a group of individuals who were affected by the closing of three customer call centers and who allege violations of the WARN Act

Fri, 01 Aug 2008 12:50:33 EDT

Represented a retailer in a putative class action brought in Massachusetts by former employees alleging that they worked off-the-clock

Fri, 01 Aug 2008 12:50:33 EDT

Represented a retailer in a putative class action in California involving allegations of failure to provide meal and rest breaks and failure to comply with laws relating to the provision and maintenance of uniforms and coerced patronage of our client's products

Fri, 01 Aug 2008 12:50:33 EDT

Served as counsel for Putnam Associates, Inc. in the case of Valerio v. Putnam Associates, Inc., 173 F.3d 35 (1st Cir. 1999), a precedent setting case involving overtime pay calculations under Massachusetts law and alleged retaliatory discharge under the Fair Labor Standards Act

Fri, 01 Aug 2008 12:50:31 EDT

Litigated an ERISA claim for a regional utility alleging eight-figure fiduciary duty violations

Fri, 01 Aug 2008 12:50:31 EDT

Successfully represented the former chief executive of a trucking company on claims by a union pension fund for unpaid withdrawal liability under the Multi-Employer Pension Plan Amendments Act, an amendment to ERISA

Fri, 01 Aug 2008 10:52:39 EDT

Represented a non-unionized, entrepreneurial seller of electricity in its acquisition of several unionized power plants in New England. We defeated efforts to enjoin the $1.7 billion dollar transaction; successfully handled labor arbitrations emanating from the transaction; advised our client and assisted in negotiating successful transitions, which have assisted in building sound relationships with the unions when possible; and represented the client before the National Labor Relations Board and in related proceedings.

Fri, 01 Aug 2008 10:52:39 EDT

Successfully represented a double-breasted construction client in defending arbitration and court challenges relating to unfunded pension liability assessments

Fri, 01 Aug 2008 10:52:39 EDT

Provided counsel to an international manufacturer in an ongoing dispute with its labor union. Our lawyers served as trial counsel in a lengthy NLRB proceeding where our client prevailed on charges against the Teamsters Union. The charges involved bad-faith bargaining, secondary boycotts and threats of violence. We also helped our client secure three separate federal court injunctions against the union and won an unprecedented award of attorneys’ fees and litigation costs.

Fri, 01 Aug 2008 10:52:39 EDT

Successfully represented a retailer with regard to "nationwide" allegations that they violated the NLRB's laws regarding solicitation. Our attorneys convinced the Board's General Counsel to dismiss the allegations.

Fri, 01 Aug 2008 12:50:31 EDT

Secured summary judgment motions dismissing discrimination complaints while establishing new law in Massachusetts favorable to employers, including a hearing in State Superior Court which resulted in the dismissal of an employment discrimination suit by a transsexual who asserted that this condition was a legally recognized handicap (3 Mass. L. Rptr. No. 9, 196), a hearing in Federal District Court resulting in the dismissal of a civil rights claim on grounds of preemption (906 F. Supp. 65), and a hearing in State Superior Court where the judge rejected the plaintiff’s argument that an age discrimination claim constituted a continuing violation (17 Mass. L. Rptr. 699)

Fri, 01 Aug 2008 12:50:31 EDT

ERISA LITIGATION

Fri, 01 Aug 2008 10:52:39 EDT

Represented an international brewer in matters before the NLRB and the federal courts during a four year contract negotiation/dispute

Fri, 01 Aug 2008 10:52:39 EDT

Negotiated, on behalf of a large municipality, a city-wide project labor agreement with the Building Trades unions and drafted the executive order implementing the PLA

Fri, 01 Aug 2008 12:50:32 EDT

NONCOMPETE AND RELATED LITIGATION

Fri, 01 Aug 2008 12:50:32 EDT

Successfully represented a software company in responding to a concerted raiding campaign by former employees and their new employer; obtained injunctive relief bringing to a halt efforts to “lift out” client’s off-shore engineering office and ultimately obtained favorable monetary settlement

Fri, 01 Aug 2008 12:50:32 EDT

On behalf of a prominent hedge fund, obtained emergency preliminary injunctive relief in federal court blocking the further transfer to a competitor of our client’s core intellectual property and supporting databases stolen electronically by an employee. The Court’s order permitted us to seize all of the employee’s computers and electronic media from his homes, automobiles and rented storage units.

Fri, 01 Aug 2008 12:50:32 EDT

Represented a software manufacturer in obtaining an injunction against a former employee for violating non-competition, non-solicitation and non-disclosure provisions agreed to by the employee prior to her departure. After a preliminary injunction hearing, a court barred the employee from working for a competitor in any position involving the same duties she had performed for our client.

Fri, 01 Aug 2008 12:50:32 EDT

Represented an international meat processing and packaging company in non-compete litigation against its Canadian operation’s former President and its United Kingdom operation’s former Managing Director

Fri, 01 Aug 2008 12:50:32 EDT

Obtained summary judgment on behalf of a supplier of medical equipment on a former employee’s claim of a breach of contract, with the court ruling that the employer’s personnel handbook was not a contract

Fri, 01 Aug 2008 12:50:32 EDT

Represent a national rental company in responding to a multi-agency corporate campaign strategy by a cultural group pursuing a sociopolitical agenda

Fri, 01 Aug 2008 12:50:32 EDT

Represented a multi-national manufacturer of food processing equipment in enforcing a global non-competition agreement.

Fri, 01 Aug 2008 12:50:32 EDT

OTHER EMPLOYMENT DISPUTES

Fri, 01 Aug 2008 12:50:32 EDT

Obtained on behalf of a multi-national financial services company a favorable award from an NASD arbitration panel against a highly-compensated former research analyst who claimed entitlement to millions of dollars in severance pay and bonus amounts associated with his employment termination. The panel awarded the individual only what he would have received had he accepted the company's standard severance package at the time of his termination, and it rejected the employee's claim for treble damages under the Massachusetts payment of wages law.

Fri, 01 Aug 2008 12:50:32 EDT

Successfully represented numerous employers in defending claims of failure to pay wages under various states' payment of wages laws. We have defeated numerous attempts by plaintiffs' attorneys to expand the scope of payment of wage laws to include non-wage compensation, such as severance pay, bonuses and stock options. For example, we recently obtained favorable awards from AAA and NASD arbitrators rejecting claims by highly compensated employees that stock options, severance payments and bonuses to which they allegedly were entitled constituted "wages" under relevant payment of wages statutes.

Fri, 01 Aug 2008 12:50:32 EDT

Represented opera companies in an audit by the Massachusetts Division of Unemployment Assistance and subsequent litigation

Fri, 01 Aug 2008 12:50:32 EDT

Counseled manufacturing employer on compliance with wage/hour laws across all 50 U.S. states

Fri, 01 Aug 2008 12:50:31 EDT

Represented a welfare benefit plan against claims by participants in the plan for denial of benefits. The U.S. District Court for the District of Massachusetts granted our motion for summary judgment that the plan's decision was neither arbitrary nor capricious.

Fri, 01 Aug 2008 12:50:32 EDT

LABOR LAW

Fri, 01 Aug 2008 10:52:39 EDT

Served as trial counsel for a major national manufacturer in a lengthy NLRB proceeding in which the client prevailed on bad faith bargaining, secondary boycott and threat of violence charges against the Teamsters Union, secured three separate federal court injunctions against the Union and won an unprecedented award of attorneys’ fees and litigation costs [reported at 334 NLRB No. 137]

Fri, 01 Aug 2008 10:52:39 EDT

Represented a national power generator in its acquisition and its subsequent disposition of several unionized power plants in the Northeast

Fri, 01 Aug 2008 12:50:32 EDT

Represented a manufacturer in a putative class action brought in Massachusetts alleging that it violated the Workers Adjustment and Retraining Notification Act (WARN) by laying off employees and/or closing a manufacturing plant without 60 days notice

Fri, 01 Aug 2008 10:52:39 EDT

Represented a major government contractor in a series of labor arbitrations, which succeeded in controlling substantial attendance issues

Fri, 01 Aug 2008 12:50:31 EDT

Successfully represented a large healthcare client in a multi-million dollar ERISA arbitration brought by the former chief executive of our client's predecessor entity. The former executive asserted 13 claims under ERISA, asserting that he had been denied retirement benefits under a Split Dollar Agreement, which had been adopted prior to the executive's departure to replace an earlier supplemental executive retirement plan guaranteeing a retirement benefit. All claims were rejected.

Fri, 01 Aug 2008 10:52:39 EDT

Represent a Fortune 100 telecommunications company in a labor arbitration challenging a spin-off valued at almost $2 billion

Fri, 01 Aug 2008 10:52:39 EDT

Represented an international manufacturer in an ongoing dispute with its labor union. Our attorneys served as trial counsel in a lengthy NLRB proceeding where our client prevailed on charges against the Teamsters Union involving bad faith bargaining, secondary boycotts and threats of violence. Also in this matter, we helped our client secure three separate federal court injunctions against the union and won an unprecedented award of attorneys' fees and litigation costs.

Fri, 01 Aug 2008 12:50:32 EDT

Won significant award for biotech company with respect to claims brought by its former chief financial officer claiming damages for unvested stock options

Fri, 01 Aug 2008 10:52:39 EDT

Served as lead New England labor and employment counsel for a major nursing home company, handling “R” petitions and unfair labor practice charges, and in addition, a successful litigation brought against a union for conduct arising out of a corporate campaign against employer

Fri, 01 Aug 2008 10:52:39 EDT

Represented a major telecommunications client in the first significant decision by the NLRB relating to neutrality and card-check agreements. The NLRB, reversing a regional director’s decision, agreed with our client that the union could not pick and choose between a bargained-for procedure concerning a card-check process and the statutory election process.

Fri, 01 Aug 2008 12:50:32 EDT

Represented a multi-national telecommunications company in labor issues arising from a multi-billion dollar merger of two unionized employers

Fri, 01 Aug 2008 12:50:32 EDT

Obtained a favorable verdict for our biomedical industry client (which was the lead case cited in a national publication that reports significant developments in wage and hour law) after a bench trial in U.S. District Court, by convincing the Court to dismiss a prosecution by the Department of Labor alleging misclassification of salaried employees (cited at 907 F. Supp. 512)

Fri, 01 Aug 2008 10:52:39 EDT

Obtained Boys Markets TRO and preliminary injunction in federal court in New York, with the judge ordering 400 employees back to work after an illegal strike

Fri, 01 Aug 2008 10:52:39 EDT

Represented a client in federal court in New York and before Region 2 of the NLRB (Manhattan) in a dispute over the union’s majority status after a count of authorization cards made under a neutrality and card check agreement

Fri, 01 Aug 2008 10:52:39 EDT

Obtained Norris-Laguardia Act injunctions in Federal Court in Massachusetts, to end illegal pickets and other strike-related misconduct in the midst of a lengthy labor dispute

Fri, 01 Aug 2008 10:52:39 EDT

Obtained dismissal of NLRB election petition for construction client in Region 34 (Connecticut) on the grounds that there was a “contracting unit”

Fri, 01 Aug 2008 12:50:32 EDT

Successfully defended a marketing consultant accused by her former employer of violating non-competition, non-solicitation, and non-disclosure covenants. After the court denied the former employer’s request for a preliminary injunction, the former employer dismissed the case with prejudice.

Fri, 01 Aug 2008 12:50:31 EDT

EMPLOYMENT DISCRIMINATION LITIGATION

Tue, 05 Jan 2010 15:33:27 EDT

Successfully represented a manufacturer in defense of a putative collective action under FLSA and class action under state law, involving claims under federal law of failure to pay overtime on a timely basis and under state law of failure to pay n-exempt employees on a bi-weekly basis

Fri, 01 Aug 2008 12:50:32 EDT

Obtained a favorable jury verdict in Federal Court on behalf of a client that allegedly had terminated an employee in retaliation for asserting a claim for overtime pay

Fri, 01 Aug 2008 12:50:32 EDT

WAGE AND HOUR LITIGATION

Fri, 01 Aug 2008 12:50:31 EDT

Successfully represented hotel in defending claims of discrimination based on religion and national origin brought at MCAD, as well as parallel NLRB filings and approximately 40 grievances filed on behalf of employees asserting similar allegations

Fri, 01 Aug 2008 12:50:31 EDT

Successfully defended an educational institution at a public hearing before the Massachusetts Commission Against Discrimination. A former employee claimed that she had been fired for taking a maternity leave in violation of the state anti-discrimination law. The MCAD found for our client and dismissed the former employee's claims.

Fri, 01 Aug 2008 12:50:32 EDT

Advised numerous employers seeking to expand and upgrade their workforces while avoiding liabilities associated with non-competition and related agreements

Fri, 01 Aug 2008 12:50:32 EDT

Successfully represented a start-up in defeating a multi-national cosmetics company's attempt to enjoin our client's hire of a new CEO to oversee its product development and marketing efforts; filed a declaratory judgment action in the Business Litigation Session of the Massachusetts Superior Court seeking a ruling that our client was not a "competitor" as defined in the non-compete agreement and then defeated a request for a preliminary injunction barring his employment by our client

Fri, 01 Aug 2008 12:50:32 EDT

Obtained, on behalf of a high-tech client, a preliminary injunction which brought to a halt another corporation's "raiding" campaign

Fri, 01 Aug 2008 12:50:32 EDT

Successfully represented a mobile communications manufacturer and defense contractor in the first New England complaint brought under the whistle-blower provisions of the Sarbanes-Oxley Corporate and Criminal Fraud Accountability Act of 2002. The complainant alleged that our client terminated his employment because he informed officers and managers that quarterly and annual securities filings were inaccurate and had to be corrected, and because he refused to lie to a customer. After a thorough investigation, the U.S. Department of Labor concluded that the claims could not be supported and dismissed the complaint.

Fri, 01 Aug 2008 12:50:33 EDT

Obtained a favorable verdict for our biomedical industry client after a bench trial in U.S. District Court, convincing the court to dismiss a prosecution by the Department of Labor alleging misclassification of salaried employees

Fri, 01 Aug 2008 12:50:33 EDT

Aggressively defended a construction company accused of hiring immigrant workers as independent contractors and then failing to pay them overtime. Our forceful approach to the case caused class counsel to seek an early resolution, which resulted in a mediated settlement.

Fri, 01 Aug 2008 12:50:32 EDT

Represented major publishing company regarding education issues, including distance learning

Fri, 01 Aug 2008 12:50:31 EDT

Obtained summary judgment on behalf of a large manufacturer (and several individually-named defendants) on a former employee's claims of handicap discrimination and retaliation. The Massachusetts Appeals Court affirmed summary judgment based on our argument that the plaintiff had failed to make any showing of any adverse action by our clients. The Supreme Judicial Court denied the plaintiffs application for further appellate review.

Fri, 01 Aug 2008 12:50:31 EDT

Obtained an affirmance by the First Circuit Court of Appeals of a grant of summary judgment on an individual's claims that our client failed to hire him because of his race, national origin, religion, age and disability, as well as in retaliation for an earlier lawsuit he had filed against our client's predecessor

Fri, 01 Aug 2008 12:50:31 EDT

Successfully represented our client, a national retailer, in federal court against age discrimination claims brought by a former employee. The court granted our motion to dismiss the complaint on the grounds that the claims were untimely under both federal and state law.

Foley Hoag Congratulates its Rising Stars

Wed, 26 Sep 2007 16:48:52 EDT

Foley Hoag congratulates 26 lawyers in the firm who were recently named to the 2006 list of Massachusetts Super Lawyers: Rising Stars, featured in the May issue of Boston Magazine.

Chambers 2007 Ranks Foley Hoag in Leading Practice Areas

Wed, 26 Sep 2007 16:48:52 EDT

Chambers and Partners, a leading U.K.-based research and publishing company, has again included Foley Hoag and its individual lawyers in its popular Chambers USA: The Client's Guide. This year, eleven practice areas and 22 lawyers are represented.

On the Agenda: Law and the Environment, Financing Growth, and Non-Competes—Foley Hoag Launches Three New Blogs

Tue, 03 Nov 2009 14:48:13 EDT

Today Foley Hoag LLP is pleased to announce the launch of three new blogs, designed and created as a forum to discuss pressing issues in today’s marketplace. The firm is pleased to present the Law and the Environment Blog, the Massachusetts Noncompete Law Blog, and the Emerging Enterprise Center Blog.

The blogs are primarily managed by three Foley Hoag partners, Seth Jaffe, Mike Rosen, and Dave Broadwin, respectively, and grown out of conversations addressing some of the most pressing issues of the day.

The blogs are available at:

Emerging Enterprise Center Blog - http://www.emergingenterprisecenterblog.com
Law and the Environment - http://www.lawandenvironment.com
Massachusetts Noncompete Law - http://www.massachusettsnoncompetelaw.com

Best Lawyers in America Names 27 Foley Hoag Lawyers to 2010 Guide

Wed, 28 Oct 2009 17:02:24 EDT

Best Lawyers in America®, a peer-review directory published annually by Woodward/White, recently released its 2010 guide including 27 lawyers from Foley Hoag LLP.

Foley Hoag's Young Lawyers 'Rising' To The Top

Fri, 28 Sep 2007 14:59:17 EDT

Known for its adherence to excellence in lawyering, Foley Hoag LLP's longstanding tradition of recruiting the best legal minds is evidenced in the 2005 edition of SUPER LAWYERS' MASSACHUSETTS RISING STARS: A COMPREHENSIVE LISTING OF THE BEST YOUNG LAWYERS IN MASSACHUSETTS.

Foley Hoag Launches New Identity and Integrated Marketing Campaign

Sat, 22 Sep 2007 15:17:14 EDT

Law firm Foley Hoag LLP has introduced an ambitious new identity and advertising campaign, highlighting its leading dispute resolution and intellectual property practices and its depth in life sciences and technology. Featuring the tagline “Driving Business Advantage,” Foley Hoag’s new platform is designed to bypass conventional law firm messaging to address client demands from their legal advisors for fresh thinking and a keen understanding of client business needs.

The creative centerpiece of the campaign is a series of ads featuring images by noted fashion photographer Rodney Smith, whose work has appeared in New York Magazine and The New York Times Magazine. Instead of touting case wins or deals completed, the ads – comprised of arresting black-and-white images of formally dressed men and women in unlikely settings – are meant to provoke business people to stop and consider how they view big-picture challenges and plot their paths to success.

Foley Hoag Lawyers in Chambers USA 2010

Wed, 16 Jun 2010 10:49:44 EDT

Foley Hoag lawyers and practice areas retain a number of top rankings in Chambers and Partners, a leading U.K.-based research and publishing company, has ranked Foley Hoag lawyers and practice areas in its 2010 guide. A total of 26 lawyers are ranked in the following practice areas for Massachusetts: Antitrust, Banking & Finance, Bankrupcty/Restructuring, Corporate/M&A, Environment, Health Care, Hedge & Mutual Funds, Intellectual Property, Labor & Employment, Litigation: General Commercial, Litigation: White Collar Crime & Government Investigations, Private Equity: Venture Capital Investment. The International Arbitration practice is ranked nationally.

24 Foley Hoag Lawyers Recognized in The Best Lawyers in America® 2007

Thu, 05 Feb 2009 11:25:19 EDT

The highly regarded publisher of referral guides, The Best Lawyers in America, has recently announced that 24 attorneys from Foley Hoag LLP have been included in the 2007 edition.

Cramer Completes Launch of FoleyHoag.com

Fri, 16 Nov 2007 11:11:30 EDT

The original version of this release is available here: http://www.crameronline.com/news/10302007.html

Cramer, a digital marketing and event solutions agency, announced today that the company has completed the reintroduction of Foley Hoag’s web site, www.foleyhoag.com. The new site supplements Foley Hoag’s recently launched identity and advertising campaign, featuring the tagline “Driving Business Advantage.” The cross-media campaign expands the firm’s brand by highlighting Foley Hoag’s expertise in a number of key legal practice areas including dispute resolution and intellectual property, as well as depth in the life sciences and technology industries.

Foley Hoag Names Three New Partners

Tue, 03 Nov 2009 14:48:11 EDT

Foley Hoag LLP is pleased to announce three lawyers were recently promoted to Partner.

Foley Hoag Lawyers Included in Massachusetts Super Lawyers 2006

Mon, 06 Apr 2009 10:43:42 EDT

Forty-three lawyers at Foley Hoag LLP were recently named to the Massachusetts Super Lawyers 2006 list. In addition, three partners - Seth Jaffe, Michael Keating, and Nicholas Theodorou - were included in the "Top 100" list. Lisa Wood, also a Foley Hoag partner, appears on the "Top 50 Women" list.

Foley Hoag Selected as one of 2007 Top 100 Law Firms for Diversity

Wed, 26 Sep 2007 16:48:52 EDT

Foley Hoag LLP has been selected as one of Multicultural Law’s 2007 Top 100 Law Firms for Diversity.

Foley Hoag Selected as one of 2008 Top 100 Law Firms for Diversity

Tue, 03 Nov 2009 14:48:15 EDT

Multicultural Law addresses diversity in the legal profession by encompassing power, leadership, and integrity. Multicultural Law is a breath of fresh air for the legal community. Our readers are accomplished lawyers in need of advice, information, and motivation that Multicultural Law provides.

Multicultural Law is in its third year and has a circulation of over 40,000 professionals in the legal community. Distribution includes a variety of legal organizations, such as the National Bar Association, National Asian Pacific American Bar Association, and the National Hispanic Bar Association. Multicultural Law is mailed to every fortune 500 and 1000 General Counsel Office and ABA Accredited Law School Career Office.

An alphabetical listing of The Top 100 Law Firms for Diversity is available at www.multiculturallaw.com.

Foley Hoag Joins American Lawyer's Select Group of Top 50 A-List Firms

Tue, 03 Nov 2009 14:48:13 EDT

The American Lawyer named Foley Hoag LLP to its annual “A-List” of the country’s 50 elite law firms that are "best at balancing a thriving business with their obligations to the profession." Inclusion in the A-List is based not only on economic success but also on success in furthering diversity, pro bono work, and associate satisfaction.

Foley Hoag LLP Ranks Among Nation’s Best In 2005

Fri, 21 Sep 2007 10:59:15 EDT

As in prior years, The Chambers USA Guide (2005 edition) ranks Foley Hoag LLP and its attorneys as outstanding leaders in a variety of practice areas. Ratings were based on the market view of US firms and their attorneys, determined by interviews with clients and attorneys across the United States.

Foley Hoag Launches New Microsite for Law Students as 2009 On-campus Interviews Commence

Wed, 08 Oct 2008 16:31:58 EDT

As a law student looking to start your career, take a few moments to check out our network and learn more about us. We promise not to make too many claims, or repeat the buzzwords you'll see on every other law firm Web site. When you visit with us, whether here or in person at your school, you will hear the passion in the voices of our people and see what it feels like to walk down our hallways as a member of our Summer Program. We look forward to the dialogue.

Visit foleyhoag.com/summer now.

Massachusetts Wage and Hour Laws: What Every Manager Needs to Know

Tue, 22 Jul 2008 11:18:57 EDT

Foley Hoag Partner James W. Bucking has authored a primer, Massachusetts Wage and Hour Laws: What Every Manager Should Know. The publication, available online and in print, provides an overview of the basic requirements of federal and state wage and hour laws.

Cynthia Lewiton Jackson, Former Global Director of Career Development at Bain & Company, Joins Foley Hoag

Tue, 27 Jan 2009 09:34:23 EDT

Cynthia Lewiton Jackson, former Global Director of Career Development at Bain & Company, has joined the law firm Foley Hoag LLP as its first Director of Professional Development. In this role, Ms. Jackson will be responsible for developing and implementing a firmwide career development program for its lawyers and staff.

Foley Hoag Government Strategies Practice Gears up for 2009 Activity

Thu, 29 Oct 2009 13:30:49 EDT

Anticipating the rollout of the nearly $800 billion Stimulus Package making its way through Congress, several practices at Foley Hoag LLP have formed an interdisciplinary team to assist clients seeking advice on securing funding for capital projects and growth initiatives. Those practices include Energy Technology & Renewables, Environment, Government Strategies, Infrastructure & Privatization and Life Sciences practices.

Massachusetts Governor Deval Patrick has traveled to Washington recently, lobbying for federal funding for areas such as transportation and infrastructure, life sciences initiatives and clean technology/environmental initiatives. All areas are expected to be active in 2009 and will provide much of the region’s growth and activity.

Chambers USA 2008 Ranks Foley Hoag in Leading Practice Areas

Tue, 03 Nov 2009 14:48:11 EDT

Chambers and Partners, a leading U.K.-based research and publishing company, has again included Foley Hoag and its individual lawyers in its popular Chambers USA: The Client’s Guide. In the 2008 guide, Foley Hoag is represented in the areas of Antitrust, Banking & Finance (Corporate & Regulatory and Massachusetts), Bankrupcty/Restructuring, Corporate/M&A, Environment, Hedge & Mutual Funds, Intellectual Property, Labor & Employment, Litigation and Private Equity: Buyouts & Venture Capital.

Working Mother and Flex-Time Lawyers Recognize Foley Hoag

Tue, 03 Nov 2009 14:48:17 EDT

Working Mother magazine, a leading source of information for career-oriented mothers, and Flex-Time Lawyers LLC, a national consulting firm advising attorneys and legal employers on work/life balance, have included Foley Hoag LLP in the prestigious list of the 50 “Best Law Firms for Women.”

Foley Hoag LLP Attorneys Designated as "Leaders in their Field" by Chambers USA

Sat, 25 Aug 2007 11:21:08 EDT

As in prior years, The Chambers USA Guide (2005 edition) ranks Foley Hoag LLP attorneys as "Leaders in their Field" in a variety of practice areas. Ratings were based on the market view of US firms and their attorneys, determined by interviews with clients and attorneys across the United States.

Human Rights Campaign Releases Corporate Equality Index, Names Foley Hoag Among Top Firms for Second Consecutive Year

Fri, 13 Mar 2009 12:36:22 EDT

The Human Rights Campaign Foundation, the educational arm of the Human Rights Campaign, released its 2008 Corporate Equality Index ranking Foley Hoag LLP among the nation’s top employers for the gay, lesbian, bisexual and transgender employees, consumers and investors.

Now’s the Time:
Foley Hoag Forms Economic Crisis Team

Fri, 13 Mar 2009 17:33:55 EDT

Stepping up on behalf of clients buffeted by the ongoing financial crisis, law firm Foley Hoag has formed an Economic Crisis Team, comprised of lawyers from multiple practices focused on helping companies cope with the fast-changing landscape – from internal investigations and enforcement proceedings, to increased regulatory compliance, securities and other types of litigation, bankruptcies and restructurings, as well as emergency financing and deal-making.

Chambers 2009 Ranks Foley Hoag in 13 Leading Practice Areas

Thu, 29 Oct 2009 13:30:47 EDT

In its annual directory, Chambers USA: The Client’s Guide, Chambers and Partners, a leading U.K.-based research and publishing company, has again ranked Foley Hoag’s leading practice areas in Massachusetts.

Foley Hoag LLP Receives Rankings, Including Leading Environmental Firm in Massachusetts for Second Year

Sat, 25 Aug 2007 11:21:08 EDT

The Chambers USA Guide (2004-2005 edition) ranks Foley Hoag LLP tops in Massachusetts in a variety of practice and attorney categories. Ratings were based on the market view of US firms and their attorneys, determined by interviews with clients and attorneys across the United States. Chambers declared Foley Hoag the leader in Massachusetts' Environmental practice and worthy of mention in Banking & Finance, Bankruptcy, Corporate/M&A, Employment, Intellectual Property, Litigation, and Private Equity.

Foley Hoag Congratulates Rising Stars

Wed, 26 Sep 2007 16:48:53 EDT

Foley Hoag congratulates 29 lawyers in the firm who were recently named to the 2007 list of Massachusetts Super Lawyers: Rising Stars. Rising Stars are lawyers in practice up to ten years and/or under 40 years of age. The group is nominated by the current roster of Massachusetts Super Lawyers and then voted on by the publishers of Law & Politics.

Supreme Court Allows “Me, Too” Evidence in Discrimination Cases

Wed, 05 Mar 2008 09:35:35 EDT

The Supreme Court’s decision last week in Sprint/United Management Co. v. Mendelsohn, opens the door to the introduction in discrimination cases of so-called “me, too” evidence — testimony by non-party employees who also claim to have been discriminated by the employer defendant. The decision allows the admission of such testimony even when the non-parties claim discrimination at the hands of persons who played no role in the adverse employment decision challenged by the plaintiff.

Recent Supreme Court Decision Establishes Greater Scrutiny of Benefits Determinations by Employers with Dual Role of Making Benefits Determinations and Paying Out Benefits

Thu, 26 Jun 2008 15:43:45 EDT

Last week, the U.S. Supreme Court held in Metropolitan Life Insurance Co. v. Glenn, that a conflict of interest exists if an entity such as an employer or an insurance company evaluates claims for benefits under an employee benefit plan and also pays out those benefits from its own pocket. This conflict does not disqualify entities from occupying this dual role, however the dual role will be considered as a factor in determining whether the plan administrator abused its discretion in denying benefits. The decision is significant because it affects the plan administrator’s discretionary authority to determine eligibility for benefits and to construe the terms of the plan. Employers now need to worry about such a conflict whenever they make determinations about whether employees are eligible for benefits.

Supreme Judicial Court Holds That Skycaps Were Entitled To Baggage Fees Charged By Airline

Wed, 02 Dec 2009 17:42:13 EDT

Earlier this week, the Massachusetts Supreme Judicial Court held in Difiore v. American Airlines that a service fee charged by American Airlines for curbside check-in should have been paid to the skycaps. Although the skycaps were not employed by American Airlines, the Court held that the Massachusetts statute governing gratuities nonetheless applied to the service fee.

USCIS Issues Rule Clarifying the Deadline for FY 2009 H-1B Petition Filings

Thu, 03 Apr 2008 14:37:34 EDT

One week before the expected onslaught of H-1B petition filings from employers, the U.S. Citizenship and Immigration Services (“USCIS”) issued an Interim Rule which is intended to the promote the “fair and orderly administration” of the FY 2009 annual limit on H-1B petition filings. The following are the highlights from the Interim Rule:

MCAD Clarifies Position Regarding Application of the Massachusetts Maternity Leave Act to Fathers

Tue, 24 Jun 2008 13:53:09 EDT

In a letter to the editor published in this week’s Massachusetts Lawyers Weekly, the MCAD clarified its position regarding the application of the Massachusetts Maternity Leave Act (“MMLA”) to men. The clarification was an apparent attempt to quell the uproar sparked by Commissioner Ebel’s comments at the 11^th Annual Foley Hoag Labor & Employment Seminar that the MMLA should be viewed as gender neutral.

New Immigration Enforcement Efforts Aimed at Employers

Wed, 02 Dec 2009 17:36:47 EDT

The Obama Administration announced earlier this year that U.S. Immigration and Customs Enforcement (ICE) would implement a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Moreover, the Administration made it clear that this new enforcement effort would be targeted at employers and ICE is now focusing resources on investigating employers suspected of employing undocumented workers.

Supreme Judicial Court Establishes New Standard for Punitive Damages Awards in Discrimination Cases

Wed, 02 Dec 2009 17:43:49 EDT

The Massachusetts Supreme Judicial Court recently established a new standard for punitive damages awards under Chapter 151B, the Massachusetts anti-discrimination statute. In doing so, the Court reinstated a jury’s award of $1 million in punitive damages.

Massachusetts Issues Comprehensive Data Security Regulations

Fri, 17 Oct 2008 14:38:34 EDT

Last year, in the wake of the TJ Maxx data security breach, Massachusetts enacted a data security law intended to protect residents from identity theft. The law provides that businesses must provide prompt notice of security breaches relating to personal information. “Personal information” means a person’s name together with either his or her Social Security Number, driver’s license number, state identification number, financial account number, credit card number or debit card number. Because all employers hold their employees’ Social Security numbers, the law applies to all employers in Massachusetts, not just those businesses that collect customer information, such as retailers.

Pension and Disability Plan’s Eligibility Rules Did Not Violate the ADEA

Wed, 02 Jul 2008 14:31:04 EDT

In Kentucky Retirement Systems v. EEOC, the Supreme Court held that Kentucky’s pension and disability system did not discriminate against older workers in violation of the Age Discrimination in Employment Act (ADEA). Under Kentucky’s system, pension benefits are calculated based upon years of service. Employees are eligible for normal retirement benefits after 20 years of service or after the employee works 5 years and has reached the age of 55. The system also provides benefits to employees who become disabled before becoming eligible for normal retirement benefits. A disabled employee is treated as if he or she had 20 years of service or 5 years of service, if the employee is already 55 years old. The purpose of this rule is to treat disabled workers as if they are retirement eligible upon becoming disabled.

Hatch-Waxman Safe Harbor Inapplicable to Research Tools

Wed, 06 Aug 2008 16:02:27 EDT

In a decision that will have far reaching implications for drug and medical device development, the Court of Appeals for the Federal Circuit held yesterday that the Hatch-Waxman safe harbor of 35 U.S.C. § 271(e)(1) is inapplicable to patented research tools that are not themselves subject to the FDA review process. While the decision is good news for the providers of research tools such as drug screening assays, it will make drug and medical device development in the United States costlier and more risky.

EEC Perspectives - March 2009

Mon, 02 Nov 2009 12:07:56 EDT

Included in this Issue:

The End of Doom and Gloom by Dave Broadwin
The Numbers by David Pierson
Selected New England Series “A” Round Transactions: Fourth Quarter 2008
Selected New England Series “B” and Later Round Transactions: Fourth Quarter 2008
Terms of Selected New England Series A Rounds 2008
Terms of Selected New England Series B and Later Rounds
The Activity Level Summary
New England Series A and First Round Transactions by Industry
New England Series B and Later Round Transactions by Industry
National Series A and First Round Transactions by Industry
National Series B and Later Round Transactions by Industry
Size of New England 2008 Series A and First Round Transactions by Industry
Size of New England 2008 Series B and Later Round Transactions by Industry

Massachusetts Attorney General Issues Advisory on Independent Contractor Law

Tue, 06 May 2008 08:59:00 EDT

The Massachusetts Attorney General’s Office (“AGO”) recently issued an Advisory that provides guidance on how it will interpret and enforce the state’s Independent Contractor Law. The law presumes that an individual is an employee, and an employer must satisfy each part of a stringent three part test to establish that the individual is instead an independent contractor: (1) the individual must be free from the employer’s control; (2) the individual must perform work outside of the usual course of business of the employer; and (3) the individual must be engaged in an independently established trade, occupation, profession or business.

Employment Bulletin - May 22, 2006

Wed, 28 Nov 2007 13:22:03 EDT

In a recent decision, the Massachusetts Supreme Judicial Court held that an employee who engages in egregious workplace misconduct is not entitled to protection under Massachusetts’ disability discrimination law, even if the misconduct is the result of a disability.

Funding opportunities in the American Recovery and Reinvestment Act of 2009 and the Serve America Act

Mon, 21 Dec 2009 17:01:13 EDT

Two recent laws, the American Recovery and Reinvestment Act of 2009 (“ARRA,” commonly known as the stimulus package) and the Edward M. Kennedy Serve America Act, provide funding opportunities for nonprofits and social entrepreneurs to expand their services and accommodate additional volunteers. Organizations can apply for ARRA funds immediately. While funding for the Serve America Act will depend upon the 2010 federal budget, organizations may wish to assess their needs now in anticipation of the Act going into effect on October 1, 2009.

Supreme Judicial Court Holds That Worker Misclassified As Independent Contractor Is Entitled to Damages, Despite Being Paid More than Comparable Employees

Tue, 08 Sep 2009 11:09:17 EDT

On August 21, 2009, the Massachusetts Supreme Judicial Court held in Somers v. Converged Access, Inc. that an employee who has been misclassified as an independent contractor is entitled to damages under the Massachusetts Wage Statute, M.G.L. ch. 149 §§ 148, 148B, and 150, despite that the amount of money the worker received as an independent contractor was more than what he would have received had he been correctly classified as an employee. The Court rejected this purported defense, explaining that an individual who is misclassified is entitled to overtime and other lost wages at the rate he was paid as an independent contractor.

Supreme Court Holds That A Formal EEOC Charge Is Not A Prerequisite to Filing Suit under the ADEA

Fri, 07 Mar 2008 10:36:34 EDT

Last week, the U.S. Supreme Court held that employees need not file a formal charge with the Equal Employment Opportunity Commission (“EEOC”) before bringing suit against their employer for age discrimination. In Federal Express Corp. v. Holowecki, the Court concluded that a group of employees could proceed in court on their claims under the Age Discrimination in Employment Act (“ADEA”) even though none had a filed a formal charge of discrimination with the EEOC. Instead, the Court found that documents filed by one of the employees with the EEOC, which identified the employer and set forth general allegations of age discrimination, constituted a “charge”, despite that the employer had no notice of the filing.

First Circuit Holds That Employer’s Shifting Explanation for Termination Was Sufficient to Raise Jury Question in Age Discrimination Case

Wed, 02 Dec 2009 17:44:53 EDT

A recent decision by the Court of the Appeals for the First Circuit is a reminder that employers should carefully and thoroughly articulate their reasons for terminating an employee at the time of the termination. In Velez v. Thermo King de Puerto Rico, Inc., the Court reversed a district court’s grant of summary judgment to the employer in an age discrimination case because, in its view, the employer had changed its explanation for the plaintiff’s termination.

Employment Bulletin - February 19, 2008

Tue, 19 Feb 2008 09:33:49 EDT

On February 11, 2008, the U.S. Department of Labor (“DOL”) proposed significant changes to its regulations regarding the Family and Medical Leave Act (“FMLA”). These proposed changes -- the first regulatory revisions in over a decade -- reflect the DOL’s experience in administering the law since its enactment and public comments about the current regulations. The following represents a summary of some of the more notable proposed changes. The proposed regulations and explanatory materials consist of more than 125 pages, and thus this summary should not be viewed as comprehensive.

Fair Labor Standards Act Amended to Require Breaks for Nursing Mothers

Thu, 01 Apr 2010 09:32:43 EDT

The Patient Protection and Affordable Care Act, the landmark health care reform law, includes an amendment to the Fair Labor Standards Act regarding breaks for nursing mothers. Under the new law, employers must provide “reasonable” unpaid breaks for nursing employees to express breast milk. Employers also must furnish a private location, other than a bathroom, for these breaks.

Employment Bulletin - April 5, 2005

Fri, 21 Sep 2007 10:59:22 EDT

A recent decision of the Supreme Court, Smith v. City of Jackson, Mississippi, is being heralded by the plaintiffs’ bar as making it easier to sue employers for age discrimination. On March 30, 2005, the Supreme Court held in that case that employees may sue for age discrimination under the Age Discrimination in Employment Act (“ADEA”), even in the absence of any intent by the employer to discriminate, if the employees can show that the employer’s facially neutral policy negatively impacts older workers.

The Foley Hoag Foundation 2007 Annual Report

Fri, 17 Jul 2009 15:59:36 EDT

Established in December 1980 by the partners of law firm Foley Hoag, The Foley Hoag Foundation is a private foundation that seeks to combat racism, especially among youth, in the City of Boston. The Foundation awards grants to organizations working to improve the racial climate in Boston by addressing issues of diversity and racism. Grantee organizations achieve their goals through a variety of means, including arts and cultural activities, youth leadership and recreational programs. Other grantees provide advocacy assistance, enabling individuals to confront racism through legal or political action. Some grantee organizations work to prepare young children to live in the reality of a multicultural society, others engage teens, and a few target a primarily adult constituency.

The Foley Hoag Foundation was the first—and remains the only— foundation to focus exclusively on the improvement of race relations in Boston. The trustees are fortunate to have the unqualified endorsement of Foley Hoag, which has provided an enormous amount of financial, administrative and moral support.

Employment Bulletin - August 18, 2005

Fri, 21 Sep 2007 10:59:22 EDT

In Wiedmann v. The Bradford Group, Inc., the Massachusetts Supreme Judicial Court decided a number of significant issues related to the Massachusetts Payment of Wages Statute (M.G.L. ch. 149, §§ 148 & 150), of which employers need to be aware. In that case, the plaintiff, Corrie Wiedmann, was employed by the defendant The Bradford Group in a commission-only position. Throughout her employment, she received monthly commission statements, which did not reflect any deductions. After Wiedmann left her job, she inquired about commissions owed to her at a meeting with Thomas Harvey, the president and owner of the company, and Michael O’Mara, the office manager. O’Mara told Wiedmann that he deducted “group payroll” from her final commission check and that she had been overpaid in the past by over $8,000.

Employment Bulletin - August 19, 2010

Thu, 19 Aug 2010 10:15:16 EDT

Buried in the newly-enacted Massachusetts Economic Development Reorganization law is a significant change to the state law regarding employee personnel records. The new law requires employers to give notice to employees when certain information is added to their personnel records. Employers must notify an employee within ten days of adding any information that has been used or may be used in the future to negatively affect “the employee’s qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will by subject to disciplinary action.” [more...]

Employment Bulletin - January 14, 2008

Mon, 14 Jan 2008 10:38:17 EDT

A recent decision by the Massachusetts Supreme Judicial Court (“SJC”) is an important reminder that employers must carefully consider an employee’s request for a religious-based accommodation. In Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination, the Court concluded that the MBTA had failed to engage in a good faith effort to accommodate an employee whose religious beliefs required him to refrain from working on the Sabbath.

Immigration Alert - April 4, 2006

Fri, 21 Sep 2007 10:59:26 EDT

This week, the United States Senate is debating a historic overhaul of our nation’s immigration laws. Two competing bills are on the floor, the “Securing America’s Borders Act” (S. 2454), offered by Senate Majority Leader Bill Frist (R-TN), and a substitute proposal developed in the Judiciary Committee and backed by committee co-chairs Arlen Specter (R-PA) and Patrick Leahy (D-VT).

Ten Tips For Hiring Without Getting Sued

Mon, 02 Nov 2009 12:08:33 EDT

Originally published February 2007

As was recently reported in these pages, many New England technology companies are hiring, creating an increasingly tight labor market. When competition for workers heats up, litigation often ensues, as employers seek to send a strong message to both their competitors and employees that they are serious about protecting their interests.

Each hiring event is unique, but the following guidelines can help tech companies avoid common pitfalls as they recruit and hire new employees.

Appeals Court Limits The Scope of Lilly Ledbetter Fair Pay Act

Thu, 18 Feb 2010 15:51:44 EDT

In the first appellate-level opinion interpreting the Lilly Ledbetter Fair Pay Act of 2009, the Court of Appeals for the District of Columbia Circuit held in Schuler v. PriceWaterhouseCoopers, LLC, that an employer’s denial of a promotion was not a “discriminatory compensation decision or other practice,” within the meaning of the statute. In that case, the plaintiff acknowledged that his claim was untimely prior to the enactment of the Ledbetter Act but argued that the new law extended the statute of limitations and thus revived his claim.

Employment Bulletin - August 31, 2007

Fri, 21 Sep 2007 10:59:22 EDT

Under new regulations, employers with only a minimal presence in California must now meet specific requirements regarding sexual harassment prevention training. Any employer with 50 or more employees anywhere in the country must provide qualifying training and retraining to all supervisors who work in California, regardless of where the company's workforce or main offices are located. This requirement applies even to employers with only one supervisor in California.

EEC Perspectives - January 2009

Mon, 02 Nov 2009 12:07:54 EDT

Included in this Issue:

A Market Perspective by Carl Stjernfeldt
Selected New England “Series A” Round Transactions - Third Quarter 2008
Commentary from John Hancock
Terms of Selected New England "Series A" Rounds 2008
Commentary from Alex Aber
The Activity Level Summary: New England "Series A" and First Round Transactions by Industry
National "Series A" and First Round Transactions by Industry
Size of New England 2008 Year to Date "Series A" and First Round Transactions by Industry
Commentary from Dave Broadwin

Employment Bulletin - September 5, 2007

Thu, 20 Sep 2007 11:01:47 EDT

A recent decision demonstrates that claims under the Massachusetts Wage Act can prove costly to employers even in victory. In Killeen v. Westban Hotel Venture, the plaintiff, a hotel banquet server, alleged that the hotel violated the state tip pooling statute by giving a portion of gratuities to "banquet captains." Although the trial court found that banquet captains did in fact provide service and were entitled to share in gratuities, it concluded that the hotel's practice of allowing the banquet captains to collect a full share of the service charges violated the "proportionality" provision of the tip pooling statute.

U.S. Supreme Court Adopts The Plan Document Rule for ERISA Plans

Fri, 30 Jan 2009 15:29:52 EDT

This week, the U.S. Supreme Court held in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, that a plan administrator met its obligations under the Employee Retirement Income Security Act (“ERISA”) when it paid out benefits in accordance with plan documents but in contravention of a divorce decree. The decision establishes a straightforward “plan document” rule regarding benefits: Employers are permitted to create a uniform procedure for processing claims and paying out benefits and may rely on that procedure when administering the plan.

Employment Bulletin - August 23, 2006

Fri, 21 Sep 2007 10:59:22 EDT

On August 17, 2006, President Bush signed into law the Pension Protection Act, calling it “the most sweeping reform of America’s pension laws in over 30 years.” As its name suggests, the purpose of the Pension Protection Act is to provide greater pension security to employees and retirees. Much of the law, which is several hundreds of pages in length, is devoted to tightening the funding rules for traditional defined benefit pension plans. The new law also changes some of the rules relating to 401(k) plans. Note that the law is highly technical; the following represents a summary of some of its key points.

Employment Bulletin - May 4, 2007

Fri, 21 Sep 2007 10:59:22 EDT

The Massachusetts Health Care Reform Act requires all employers with 11 or more employees to establish and maintain a cafeteria plan. Under the federal tax code, a Section 125 cafeteria plan generally is any plan that allows an employee to choose between cash and certain qualified benefits. Under the new law, the cafeteria plan also must comply with rules promulgated by the new Commonwealth Health Insurance Connector Authority. The idea is that employees who do not participate in the employer’s health plan will able to pay for health insurance premiums on a pre-tax basis through the cafeteria plan. The Connector recently issued regulations regarding what must be contained in such plans to comply with the law, and the following is a summary of those requirements...

Employment Bulletin - May 28, 2010

Fri, 28 May 2010 13:31:29 EDT

On May 20, 2010, the Department of Labor’s Office of Labor-Management Standards (“OLMS”) issued a final rule requiring nearly all federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act (“NLRA”). The new rule implements President Obama’s Executive Order 13496, which requires federal departments and agencies to include a new provision in nearly all government contracts about notifying contractors’ employees of their rights under federal labor law. [continues... ]

Employment Bulletin - March 3, 2010

Wed, 24 Mar 2010 17:05:17 EDT

Last night, President Obama signed into law the Temporary Extension Act of 2010, which among other provisions, includes a further extension of the federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (“ARRA”). Under ARRA, employees who were involuntarily terminated between September 1, 2008 and December 31, 2009 are entitled to a government subsidy of 65% of the premium cost for health care continuation coverage under COBRA for a period of nine months.

Employment Bulletin - April 18, 2006

Fri, 21 Sep 2007 10:59:22 EDT

On April 12, 2006, Governor Mitt Romney signed into law portions of a landmark piece of legislation on health care. The new law is intended to make health insurance available to the more than 500,000 Massachusetts residents who currently are uninsured. A hallmark of the new law is the creation of the Commonwealth Health Insurance Connector (“Connector”), a new state entity charged with making affordable health insurance available to the uninsured. The law also provides for tax penalties against individuals who can afford health insurance, but decline coverage.

New H-1B Filings for FY 2011 Begin April 1st

Wed, 17 Mar 2010 16:45:40 EDT

On April 1, 2010, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2010. New H-1B petitions are subject to an annual limit of 65,000 new H-1B visas, plus an additional 20,000 visas for foreign workers with an advanced degree from a U.S. academic institution.

Proposed Regulation Would Require Federal Contractors to Notify Employees of Their Rights Under Federal Labor Laws

Tue, 04 Aug 2009 10:06:37 EDT

Yesterday, the Department of Labor issued a proposed regulation that would require virtually all federal contractors to notify their employees of their rights under the National Labor Relations Act (“NLRA”). The regulation is mandated by an executive order which was signed by President Obama in January. Under the proposed regulation, all federal contractors and subcontractors must agree as a condition of their U.S. government contracts to post a lengthy notice detailing employees’ rights under the NLRA, including the right to form, join or assist a union and to strike and picket. Further, the proposed notice describes employer conduct that is unlawful under the NLRA, such as prohibiting employees from soliciting co-workers to join a labor union during non-work time and from wearing union hats, buttons and shirts in the workplace. Finally, the proposed notice directs employees to contact the National Labor Relations Board if they believe their rights have been violated.

Employment Bulletin - August 6, 2007

Fri, 21 Sep 2007 10:59:22 EDT

Beginning on September 30, 2007, the Equal Employment Opportunity Commission will begin mandating that employers use a new EEO-1 Report form, which counts employees by job category and by ethnicity, race and gender. Employers with at least 100 employees (as well as certain smaller employers with federal contracts) generally are required to submit the form on an annual basis. ...

EEC Perspectives - February 2009

Mon, 02 Nov 2009 12:07:55 EDT

Included in this Issue:

A Market Perspective – Justin J. Perreault, General Partner, Commonwealth Capital Ventures
Selected New England “Series B” and Later Round Transactions
Commentary from David Pierson
Terms of New England Series B and Later Rounds
Commentary from Bruce Kinn
The Activity Level Summary - New England Series B and Later Round Transactions by Industry
Size of New England 2008 Year to Date Series B and Later Round Transactions by Industry
Commentary from Amanda Vendig

Employment Bulletin - August 17, 2010

Tue, 17 Aug 2010 16:35:01 EDT

Last Friday, President Obama signed into law the Emergency Border Security Supplemental Appropriations Act of 2010. The focus of this new law is an appropriation of more than $600 million to address immigration enforcement issues on the southwest border, including Arizona and Texas. However, at the same time, the law also significantly increases the fees for the H-1B and L visa programs for employers that are heavy users of those programs. [more...]

Court of Appeals for the First Circuit Interprets The Whistleblower Provision of Sarbanes-Oxley

Wed, 02 Dec 2009 17:27:08 EDT

In a case of first impression, the Court of Appeals for the First Circuit limited the scope of the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 (SOX). Under that statute, publicly-traded companies are prohibited from retaliating against employees who complain to a supervisor about violation of (1) specified federal criminal fraud statutes (i.e., mail fraud, wire fraud, bank fraud or securities fraud); (2) a violation of any Securities and Exchange Commission (SEC) rule or regulation; or (3) federal law relating to fraud against shareholders. While the employee need not refer to a particular statute, he must have a reasonable belief that the conduct violates federal law. In Day v. Staples, Inc., the First Circuit held that plaintiff Kevin Day was not protected under SOX because he failed to show that he reasonably believed that his internal complaints to Staples concerned shareholder fraud or a violation of federal securities laws.

EEC Perspectives - October 2008

Mon, 20 Jul 2009 11:15:04 EDT

Included in this Issue:

A Market Perspective
Selected New England "Series A" Round Transactions
Commentary from Bruce Kinn
Terms of Selected New England Series A Rounds 2008
Commentary from Mark Haddad
The Activity Level Summary: New England Series A and First Round Transactions by Industry
Size of New England 2008 Year to Date Series A and First Round Transactions by Industry
Commentary from Paul Sweeney

Employment Bulletin - April 6, 2010

Tue, 06 Apr 2010 15:25:03 EDT

As we have previously reported, Massachusetts wage and hour laws strongly disfavor the classification of individuals as independent contractors rather than employees. Massachusetts General Laws chapter 149, § 148B presumes that workers are employees, unless the alleged employer satisfies a strict, three-pronged test: (1) the individual is free from control and direction in connection with the performance of a service; (2) the individual performs a service that is outside the usual course of the employer’s business; and (3) the individual is customarily engaged in an independently established trade or profession. A recent decision by the U.S. District Court for the District of Massachusetts is a reminder that Massachusetts courts will scrutinize the classification of individuals as independent contractors. In Awuah v. Coverall North America, Inc., the federal court held that a group of franchisees were misclassified as independent contractors under Massachusetts law.

U.S. Supreme Court Bars Parties From Expanding the Scope of Judicial Review of Arbitration Awards

Tue, 08 Apr 2008 17:03:42 EDT

Employers that require their employees to submit disputes to arbitration need to be aware of the U. S. Supreme Court’s recent decision in Hall Street Associates, L.L.C. v. Mattel, Inc. Although the case did not involve an employment dispute, the decision puts limits on the terms of arbitration agreements, including those used in the employment context.

Employment Bulletin - August 20, 2010

Fri, 20 Aug 2010 12:46:30 EDT

On August 9, 2010, Massachusetts Governor Patrick signed into law an amendment to the state's workers' compensation statute which allows individuals to sue employers for violations of the statute. More specifically, the new law provides an incentive for individuals to seek recovery of any unpaid insurance premiums that are due for workers who are or who should be covered by the employer's workers' compensation insurance plan, including individuals misclassified as independent contractors. The law also permits a private attorney general's action if an employer fails to maintain any workers' compensation insurance. [more...]

Economic Crisis Team Datasheet

Mon, 02 Nov 2009 12:07:52 EDT

Foley Hoag LLP’s interdisciplinary team counsels and protects the interests of its clients facing new realities, challenges and risks framed by today’s tumultuous economic and market conditions. By maintaining an active and engaged dialogue with our clients during this period of economic distress, our lawyers are better able to adapt to the changing legal needs of clients affected in the short term. More importantly, our immersion in their businesses and industries enables our lawyers to provide sound, strategic counsel to protect our clients’ interests in the longer term. The Economic Crisis Team delivers forward-thinking advice, focusing on long-standing core, integrated strengths of the firm.

Topics include:

Financial investigations, enforcement proceedings and litigation
Federal and state securities regulation
Deal-making, corporate finance and investment restructuring
Bankruptcy, corporate reorganization and financial disputes

Travel to the United States in 2009 May Become More Complicated for Some Foreign Citizens

Mon, 29 Dec 2008 11:29:17 EDT

Because many foreign citizens travel to the United States to visit family around the holiday season, we wanted to alert you to a change which will take effect on January 12, 2009. In the past, eligible citizens of designated visa waiver countries could apply at a port of entry for admission to the United States as a nonimmigrant for up to 90 days for business or pleasure without first obtaining a nonimmigrant visa. However, on January 12, 2009, the Department of Homeland Security will implement an electronic travel authorization system (“ESTA”). Under ESTA, all citizens of visa waiver countries who plan to travel to the U.S. without a visa will need to apply for an ESTA travel authorization prior to boarding a U.S.-bound airplane or cruise ship. As of January 12, 2008, visa waiver travel will not be permitted without such an advance travel authorization.

Employment Bulletin - July 18, 2006

Fri, 21 Sep 2007 10:59:22 EDT

Both women and men often find it difficult to balance the demands of the workplace with those relating to child care. While the law permits parents to take leave under certain circumstances, such as for child birth or to care for their sick children, Massachusetts General Laws Chapter 151B, the state anti-discrimination statute, does not explicitly prohibit discrimination based upon parenthood. However, a recent decision of the Massachusetts Superior Court, Sivieri v. Commonwealth of Massachusetts, seemingly extends the statute at least to mothers by holding that employment-related decisions based upon the fact that a woman has small children constitutes unlawful sex discrimination.

Recent Changes by USCIS Impacting Various Foreign National Employment

Thu, 24 Jul 2008 17:08:42 EDT

U.S. Citizenship and Immigration Services (USCIS) has reinstituted Premium Processing on a limited basis for certain employment-based immigrant I-140 Preference Petitions. USCIS will accept Form 1-907, Request for Premium Processing Service, for I-140 Petitions filed for alien Beneficiaries who meet all of the following specific criteria: (continues ...)

Massachusetts Form PC: Notice of Increase in Minimum Threshold for Reviewed Financial Statements

Wed, 31 Dec 2008 09:05:10 EDT

Most public charities organized, operating or soliciting funds in Massachusetts are required to file Form PC with the Massachusetts Attorney General’s Non-Profit Organizations/Public Charities Division within four and one-half months of the end of each fiscal year. The Form PC requires several attachments, including financial statements for public charities having minimum amounts of gross support and revenue. The Massachusetts legislature increased the minimum threshold for filing such statements from $100,000 to $200,000.

The New Stimulus Package Creates Premium Subsidy for COBRA Continuation Coverage

Thu, 03 Dec 2009 12:16:39 EDT

On February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (the “Act”). Among other changes, the Act helps individuals who are out of work to pay for health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). Below is a summary of the major changes to COBRA. We expect the federal government to soon issue further guidance regarding the implementation of certain aspects of the law, and we will inform you of these developments.

U.S. Supreme Court Permits Lawsuits for Injuries to 401(k) Account Balances

Fri, 22 Feb 2008 11:16:40 EDT

A significant advantage of employer-sponsored 401(k) plans is that employees are able to direct the investment of their account balances, and, as a result, plan fiduciaries generally are not liable for any resulting losses under the Employee Retirement Income Security Act (“ERISA”), the federal benefits law. On Wednesday, February 20, 2008, in LaRue v. DeWolff, Boberg & Associates, the Supreme Court opened the door for employees to sue plan fiduciaries for losses to their 401(k) account balances in some circumstances. In a unanimous ruling, the Supreme Court held in LaRue that individual participants may sue the plan administrator to recover losses caused by the administrator’s failure to follow their investment directions.

USCIS Initiates Expanded Employer Site Visit Program

Wed, 02 Dec 2009 17:42:54 EDT

The US Citizenship and Immigration Services (“USCIS”) has initiated a significantly expanded version of its Site Visit Program in an effort to uncover fraud in the H-1B temporary worker program. Because of a funding increase, USCIS is increasing the number of employer site visits, and, in the coming months, many employers who have sponsored foreign nationals for employment-based nonimmigrant petitions will be the subject of an investigation.

Massachusetts Issues New Regulations Regarding the Fair Share Contribution under the Health Care Reform Law

Tue, 07 Oct 2008 10:34:58 EDT

Last week, the Massachusetts Division of Health Care Finance & Policy issued new regulations defining what is “a fair and reasonable” contribution by an employer towards health insurance under the Massachusetts Health Care Reform Law. Under that law, the state is permitted to assess an annual per-employee fee called the Fair Share Contribution (FSC) against non-contributing employers with 11 or more full-time equivalent employees. The fee can be as much as $295 per employee. To avoid the fee, the law requires an employer to offer a group health insurance plan and to make a “fair and reasonable” premium contribution towards that insurance. The new regulations make this test more stringent in order to increase the number of employers who are subject to the FSC.

Massachusetts Mandates Treble Damages for Wage and Hour Violations

Tue, 15 Apr 2008 12:10:32 EDT

Yesterday, Massachusetts made an award of treble damages mandatory for all violations of the Commonwealth’s wage and hour laws, including the wage payment statute and the overtime and minimum wage laws. The legislation is a reaction to a 2005 Supreme Judicial Court ruling, which had limited treble damage awards to situations involving “willful misconduct” by the employer. Under the new law, treble damages are required even if the employer made an inadvertent error or acted in good faith.

USCIS Requires Federal Contractors to Use New E-Verify System

Mon, 01 Dec 2008 11:36:30 EDT

Effective January 15, 2009, the United States Citizenship and Immigration Service (USCIS) will require federal contractors to use its E-Verify system. E-Verify is an automated system of verifying employees’ identity and authorization to work through the databases of both the Social Security Administration and the Department of Homeland Security. Enrollment will be required for most prime federal contracts with a period of performance longer than 120 days, a value above the simplified acquisition threshold ($100,000), and for work to be performed in the United States. This requirement also will apply to indefinite delivery or indefinite quantity contracts. The federal contractor and any covered subcontractors will need to enroll in E-Verify within 30 days of the contract award date.

Massachusetts Supreme Judicial Court Holds That Discharged Employees Must Be Paid Unused Vacation Time, Regardless of Employer’s Written Vacation Policy

Wed, 02 Dec 2009 17:34:56 EDT

Yesterday, the Supreme Judicial Court held in Electronic Data Systems Corporation v. Attorney General, that the failure to pay unused vacation time to involuntarily terminated employees is a violation of the Massachusetts Wage Act, (M.G.L. ch. 149 § 148).

Uniform Prudent Management of Institutional Funds Act Liberalizes Endowment Spending and Clarifies Investment Standards for Charitable Institutions

Thu, 16 Jul 2009 17:37:34 EDT

Massachusetts recently joined 39 other states and the District of Columbia by enacting a version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA). Most notably, and in contrast to prior law, UPMIFA permits Massachusetts institutions that hold funds exclusively for charitable purposes to tap into endowment funds whose values have depreciated below their “historic dollar values” (i.e., “underwater” endowment funds). The new law, which is effective as of June 30, 2009, also applies to funds held by a trustee for a charitable community trust.

President Bush Signs into Law an Expansion of the Americans with Disabilities Act

Fri, 17 Oct 2008 12:44:57 EDT

Yesterday, President Bush signed into law the ADA Amendments Act of 2008, which expands the protections of the Americans with Disabilities Act (the “ADA”). The purpose of the new law is to overturn two decisions of the United States Supreme Court -- Sutton v. United Air Lines, Inc. and Toyota Motor Manufacturing, Kentucky, Inc. v. Williams -- in order to broaden the scope of who is disabled under the ADA.

Employment Bulletin - February 24, 2006

Fri, 21 Sep 2007 10:59:22 EDT

Navigating the ever-changing legal landscape governing the enforceability of restrictive covenants, such as non-competition and non-solicitation agreements, is an essential part of doing business for many employers. Businesses increasingly require their employees to sign such agreements in order to protect their intellectual property and goodwill and, when necessary, seek to enforce the agreements in courts. On the other hand, many of those same businesses find themselves sitting on the other side of the courtroom and challenging the validity of a competitor’s non-competition agreement after having hired away the competitor’s star employee. A recent decision of the Massachusetts Superior Court, Brooks Automation, Inc. v. BlueShift Technologies, Inc., only heightens the stakes in these types of cases. Not only did the Court refuse to enforce the plaintiff company’s non-competition agreement with a former employee, but the plaintiff was hit with a six- figure damages award and required to pay the defendant’s attorneys’ fees as a penalty for bringing the litigation.

Employee May Sue Employer Over Truthful But Arguably Malicious E-Mail to Co-Workers

Thu, 11 Mar 2010 08:49:16 EDT

A recent decision by the Court of Appeals for the First Circuit is a reminder that employers should think twice before making an example of an employee who engaged in misconduct. In Noonan v. Staples, Inc., the Court held that a former employer could sue his employer for libel after it sent a truthful e-mail to the workforce about his termination.

Employment Bulletin - May 31, 2007

Fri, 21 Sep 2007 10:59:22 EDT

Tuesday's decision by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., Inc. is a victory for employers. The Court held that where a past discriminatory pay decision is time-barred by the statute of limitations, the mere continuing effects of that decision are not actionable under Title VII. ...

Employment Bulletin - June 2, 2005

Fri, 21 Sep 2007 10:59:22 EDT

On May 31, 2005, the Massachusetts legislature overrode Governor Romney’s veto and enacted a statute relating to stem cell research. While the statute focuses on fostering biotechnology research in Massachusetts, there are a number of provisions that relate to employment.

New IRS Annual Information Return Required for Small Tax-Exempt Organizations – Form 990-N (e-Postcard)

Thu, 01 May 2008 17:08:36 EDT

Until now, most small tax-exempt organizations, defined as those with gross receipts of $25,000 or less per year, have not been required to file an annual information return with the Internal Revenue Service (the “IRS”).

However, small tax-exempt organizations must now file an annual electronic information return – the Form 990-N, also known as the e-Postcard. This requirement covers all tax periods beginning after December 31, 2006. The e-Postcard must be filed no later than the 15th day of the 5th month following the end of the organization’s tax year. For example, an organization whose tax year ends December 31 must submit the e-Postcard by the following May 15.

Employment Bulletin - November 20, 2006

Fri, 21 Sep 2007 10:59:22 EDT

Most businesses consider the identities of their customers to be confidential and proprietary information, and courts too have held that confidential customer lists are entitled to protection against misappropriation, such as by a competitor or a former employee. However, a recent decision of the Massachusetts Superior Court, RIS Paper Company v. Wave Graphics, Inc., demonstrates that employers must take affirmative steps to maintain the confidentiality of their customer lists.

Immigration Update - May 5, 2005

Mon, 20 Jul 2009 11:15:15 EDT

As you may know, USCIS reached its annual quota for new H-1Bs on October 1, 2004, the first day of its FY 2005. In an effort to ameliorate the impact of the H-1B cap, Congress recently passed legislation last year providing that the annual H-1B cap will not apply to foreign nationals who have earned a Master's degree or higher from a U.S. college (a separate annual limit of 20,000 was placed on this exemption). Under the legislation, this provision became effective on March 8 and was to be applied retroactively to USCIS FY 2005. However, despite the March 8 effective date, USCIS has to date refused to accept such petitions

Massachusetts Regulators Propose Amendments to Information Security Regulations, Delay Enforcement Until March 1, 2010

Wed, 01 Sep 2010 16:30:58 EDT

On Monday, August 17, 2009, the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) indicated that it will be modifying some provisions of the strict Massachusetts information security regulations first promulgated last year, 201 CMR 17.00 et seq. Of most immediate concern to many businesses, OCABR will extend the deadline to comply with the regulations from January 1, 2010 to March 1, 2010.

(more...)

Chambers USA 2007 Massachusetts Rankings: Labor & Employment

Wed, 28 Nov 2007 13:20:00 EDT

A digital reprint is avalable for download (.pdf).

DOL Issues Model COBRA Notices to Reflect Changes Mandated by the Stimulus Package

Thu, 11 Mar 2010 08:47:49 EDT

Yesterday, the Department of Labor (“DOL”) issued model notices in connection with the recent changes to health insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). Under the stimulus law, the American Recovery and Reinvestment Act of 2009, employees who lost their jobs since September 1, 2008 may be eligible for a government subsidy of 65% of the premium cost for COBRA continuation coverage. Employers that sponsor their own group health care plans are required to send updated COBRA notices about these changes. The new model notices from the DOL will satisfy these requirements, and the DOL has created four different models to be used depending on the circumstances.

Employment Bulletin - October 19, 2009

Mon, 19 Oct 2009 15:26:41 EDT

Recently, in affirming a decision by the Massachusetts Commission Against Discrimination (“MCAD”), the Massachusetts Appeals Court held that a racial epithet can constitute discrimination in terms and conditions of employment. In Augis Corp. v. Massachusetts Commission Against Discrimination, an African-American employee alleged that a supervisor had directed a profane and offensive racial slur towards him.

International Litigation and Arbitration Practice Summary

Tue, 01 Sep 2009 10:32:38 EDT

Engagements Include:

Litigation and Arbitration between Sovereign States
Arbitration between Sovereign States and Investors
International Commercial Arbitration
Litigation before the United States Courts

Employment Bulletin - June 27, 2006

Fri, 21 Sep 2007 10:59:22 EDT

A recent decision of the United States Supreme Court is being heralded as a significant victory for employees asserting claims of retaliation. In Burlington Northern & Santa Fe Railway Company vs. White, the Court expanded the scope of the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 to cover any employer action that a reasonable employee would find to be materially adverse. In particular, the Court explained that an adverse action need not result in a change to the employee’s terms and conditions of employment to constitute retaliation.

Final 409A Deadline Looming: All Deferred Compensation Arrangements Must be in Full Compliance by December 31, 2008

Mon, 20 Jul 2009 11:15:46 EDT

Section 409A is an extremely broad law that covers many arrangements not generally considered deferred compensation, such as stock options, bonus plans, and severance and change in control agreements. In general, 409A governs any arrangement where an employee or consultant has a vested right to compensation in one year that will be paid in a later year, unless the arrangement fits into one of the exemptions to 409A. Arrangements subject to 409A must comply with strict rules as to the time and form of payment, and it is very difficult to make changes to an arrangement once it is in place. Any deferred compensation arrangement that does not comply with 409A will subject the employee or consultant to income tax liability at the time that the right to payment vests (even if there is no right to receive payment at that time), together with a 20% penalty tax on the deferred amount. (continues)

President Obama Signs Into Law the Lilly Ledbetter Fair Pay Act

Mon, 23 Feb 2009 10:32:14 EDT

Yesterday, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, which changes the time period for filing a charge of discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act. Specifically, the law provides that the charge-filing period — 300 days in most states (including Massachusetts) and 180 days in a few others — is triggered each time compensation is paid pursuant to a discriminatory compensation decision or practice, rather than when the discrimination actually occurred.

Employment Bulletin - February 2, 2006

Fri, 21 Sep 2007 10:59:22 EDT

As many of you know, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) prohibits employers from discriminating or retaliating against any person who is a member of, applies to be a member of, or has performed in a uniformed service. It also provides, among other things, that members of the armed services are entitled to return to their civilian employment after a period of military service with the same pay, status and benefits that they would have received had they not left their job for military service. The law applies to virtually all private employers, regardless of size.

Reminder: March 1, 2010 Deadline to Comply With Massachusetts Information Security Regulations Is Right Around the Corner

Wed, 01 Sep 2010 16:29:56 EDT

Businesses that have not adopted written information security programs to comply with the Massachusetts information security regulations have little more than a week to wrap up their compliance efforts. Monday, March 1, 2010 is the deadline set by the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) for businesses around the world that handle the personal information of Massachusetts residents to comply with the strict Massachusetts regulations.

Employment Bulletin - May 27, 2010

Thu, 27 May 2010 11:55:47 EDT

This week, the U.S. Supreme Court unanimously held that a class of plaintiffs could assert a disparate impact claim based upon a hiring process even though the plaintiffs did not challenge the adoption of that process within the 300-day statute of limitations period. The Court ruled that the limitations period began anew each time the results of that process were used to choose candidates for hire. [continues... ]

EEC Perspectives - December 2008

Mon, 20 Jul 2009 11:15:05 EDT

Included in this Issue:

A Market Perspective by Vinit Nijhawan
Selected New England “Series B” and Later Round Transactions
Commentary from David Pierson
Terms of Selected New England Series B and Later Rounds
Commentary from Amanda Vendig
The Activity Level Summary: New England Series B and Later Round Transactions by Industry
National Series B and Later Round Transactions by Industry
Size of New England 2008 Year to Date Series B and Later Round Transactions by Industry
Commentary from Jerry O’Connor

State Extends Deadline for Compliance With Data Security Regulations Until May 1, 2009

Thu, 11 Mar 2010 08:49:52 EDT

We recently informed you that Massachusetts enacted comprehensive data security regulations relating to a 2007 data security law intended to protect Massachusetts residents from identity theft. A copy of the bulleting explaining the regulations can be found here. These regulations, which had been slated to take effect on January 1, 2009, will impose a significant compliance obligation on virtually all businesses with employees or customers in Massachusetts. In light of current economic conditions, the general deadline for compliance with Massachusetts’ data security regulations has been extended to May 1, 2009, while the deadline for obtaining written certification of security compliance from third party providers, and for encrypting portable devices other than laptops, has been extended to January 1, 2010.

Foley Hoag is holding a seminar at its Boston office regarding the law and its regulations on December 10, 2008, beginning at 7:30 a.m. Click here for more information.

H-1B Filing Deadline for FY 2010 is Fast Approaching and Stimulus Package Imposes New Restrictions on Hiring Foreign Workers

Wed, 02 Dec 2009 17:27:35 EDT

On April 1, 2009, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2009. For most employers, new H-1B petitions are subject to an annual limit of 65,000 new H-1B visas. An additional 20,000 visas are available each year to foreign workers with an advanced degree from a U.S. academic institution. The annual quota only applies to new H-1B visas, not to individuals who already hold H-1B status. Foreign nationals who work at universities and non-profit research organization are also excluded from the numerical cap.

Employment Bulletin - February 4, 2008

Mon, 04 Feb 2008 10:30:50 EDT

Massachusetts has long recognized that it is a violation of the covenant of good faith and fair dealing for an employer to terminate an at-will employee in order to deprive the employee of earned compensation, such as commissions. However, courts have struggled with the application of this rule to other aspects of the employment relationship. Recently, in Eigerman v. Putnam Investments, Inc., the Supreme Judicial Court (SJC) addressed whether the covenant of good faith and fair dealing applies to employer stock plans. It held that employers do not breach the covenant if they exercise their discretion to administer such plans, even if they do so to the employer’s advantage and employees’ disadvantage.

Massachusetts Supreme Judicial Court Concludes that Restricted Stock Under Employee Stock Purchase Plan is Not Covered by the Payment of Wages Statute

Wed, 02 Dec 2009 17:26:33 EDT

Last week, the Massachusetts Supreme Judicial Court held that restricted stock made available to employees through an employee stock plan is not “wages” within the meaning of the Massachusetts Payment of Wages statute. In Weems v. Citigroup, Inc., Citigroup maintained an employee stock plan called the Capital Accumulation Plan (CAP), which consisted of three different programs. Under two of the programs, called the “bonus” and “branch manager” programs, employees were eligible for an award of restricted stock as a discretionary bonus. Under the third, the “payroll” program, employees could elect to use a portion of their salaries to purchase restricted stock at a discount. Stock acquired under each program was subject to a defined vesting period, meaning that employees forfeited unvested stock if they voluntarily left Citigroup’s employ or were terminated for cause prior to the end of the vesting period.

Employment Bulletin - February 5, 2010

Fri, 05 Feb 2010 13:06:12 EDT

President Obama’s proposed federal budget for the 2011 fiscal year highlights one of its key enforcement priorities - to fight the misclassification of employees as independent contractors. The proposed budget for the Department of Labor includes a $25 million “Misclassification Initiative”, which is intended to assist the Department in identifying and reducing employee misclassification. If passed, the initiative would allow the DOL to hire additional investigators and enforcement personnel and would create competitive grants to encourage the states to address the issue.

New Administration Further Postpones Mandatory E-Verify for Government Contractors until May 2009

Wed, 02 Dec 2009 17:25:05 EDT

Today the federal government agreed to further postpone implementation of the E-Verify requirement for federal contractors until May 21, 2009 at the earliest.

EEC Perspectives - May 2008

Mon, 20 Jul 2009 11:15:00 EDT

Included in this Issue:

A Market Perspective: Axel Bichara on the State of the Technology Industry
Technology innovation has been accelerating during the last centuries and will continue to do so. Innovation helps drive entrepreneurship and new business opportunities. That’s good news for entrepreneurs and early-stage investors in the US where the state of innovation andentrepreneurship continue to be exceptional. There are plenty of excellent startup opportunities. The funding environment for start-ups will remain strong, with an abundance of capital from both VC and private investors. (continues...)
New England First Round Transactions

New Form I-9 Goes Into Effect Today

Wed, 02 Dec 2009 17:33:55 EDT

The revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. This form must be used for all new hires and for existing employees who require re-verification. Employers are not otherwise required to replace completed I-9 forms with the revised form.

Massachusetts Life Sciences Initiative Signed into Law

Thu, 07 Jan 2010 10:40:46 EDT

On June 16, 2008, Massachusetts Governor Deval Patrick signed into law legislation (.pdf) that provides a total of $1 billion over the next ten years to support the development of the life sciences industry in Massachusetts. The legislation, commonly known as the Life Sciences Initiative (LSI), is designed to stimulate research, development, manufacturing, and commercialization in the life sciences sector and, ultimately, to increase employment and associated tax revenues. To achieve these goals, the LSI significantly expands the activities of the recently created Massachusetts Life Sciences Center (LSC) by dramatically increasing the funding available for capital expenditures, grant programs and other incentives. The LSI also establishes an aggressive set of tax incentives that include a broad array of refundable and other types of tax credits.

Employment Bulletin - October 2, 2007

Tue, 02 Oct 2007 15:50:47 EDT

Many of you have probably seen the various news stories about Sophie Currier, the Harvard Medical School student who was denied extra time during her medical licensing examination to express breast milk for her five-month old daughter. Last week, Currier convinced a single justice of the Massachusetts Appeals Court that she should be provided an additional 60 minutes of break time. While the decision does not directly address nursing mothers in the workplace, the decision could have implications for employers.

President Bush Signs into Law an Expansion of the Americans with Disabilities Act

Fri, 26 Sep 2008 09:14:01 EDT

Federal Court Finds That Agreement to Defer Payment of Salary Violates the Massachusetts Payment of Wages Statute

Thu, 11 Mar 2010 08:46:29 EDT

An increasingly common practice among employers, particularly start-ups, is to enter into agreements with senior managers to defer salary payments until certain financial targets are reached. The employees typically welcome these arrangements because they often own a portion of the business. However, a recent decision by the federal court in Massachusetts warns that these types of arrangements may be unlawful. In Stanton v. Lighthouse Financial Services, Inc., the court held that an agreement to defer the payment of salary violated the Massachusetts Payment of Wages statute and was therefore void.

Massachusetts Wage & Hour Laws

Mon, 02 Nov 2009 14:34:16 EDT

Introduction

Much has been written about, and many training programs have focused on, equal employment law issues in the workplace, such as sexual harassment and race discrimination. In recent years, courts have issued many decisions clarifying an employer’s legal duties in these areas. Consequently, the potential for successful lawsuits has decreased. An employer’s duties under wage and hour laws, and in properly determining whether a worker is an employee or an independent contractor, have been much less publicized in the recent past. Yet cases have arisen, including a significant Microsoft decision, where employees (mis)classified as independent contractors have successfully sued their employers and were awarded damages, such as stock options they would have been issued if classified as employees all along. As employees and the attorneys who represent them search for easier targets, wage and hour laws are becoming more of a breeding ground for lawsuits. The American Bar Association recently reported a "marked increase" in such suits. Employers should expect this trend to continue. They should know their duties under these laws to avoid potentially devastating lawsuits. This guide is intended to provide Massachusetts employers with information about the basic requirements of federal and state wage and hour laws, as well as employer responsibilities regarding the proper classification of workers. It is a primer and a quick reference guide, not a comprehensive or exhaustive description of all the laws with which Massachusetts employers must comply.

Topics covered:

Federal Fair Labor Standards Act and Massachusetts Wage and Hour Laws
Wage Payment Processes
Independent Contractors vs. Employees
Temporary Agencies and the "Joint Employer" Doctrine
Equal Pay Act
Class Actions and Collective Actions

Ten Commandments: Prudent Activities for the Board of Directors of a Not-For-Profit Corporation

Wed, 16 Jul 2008 10:05:23 EDT

The directors of a not-for-profit corporation are bound by two general types of legal duties:

A duty of care

The duty to perform their responsibilities in good faith, in a manner reasonably believed to be in the best interest of the corporation, and with such care as an ordinarily prudent person would be in similar circumstances; and

A duty of loyalty

The duty to keep the interests of the corporation paramount above personal interests when acting for or on behalf of the corporation.

The following Ten Commandments provide examples of some of the actions a board of directors should take to act in accordance with its legal duties... (continues)

Labor & Employment Law Alert

Mon, 20 Jul 2009 11:15:20 EDT

Topics covered in this update include:

Employer Is On The Hook For Injury to Leased Worker
Labor Board Finds That Neutrality & Card Check Agreement Does Not Violate Section 8(e) of the National Labor Relations Act
Securities Industry Employees May Not Be Entitled to Overtime Under the FLSA
New Jersey Adopts Law Prohibiting Discrimination Based Upon Gender Identity and Expression
Supreme Judicial Court Holds That Hearing Aid is Not a Reasonable Accommodation for Deaf Firefighter Applicant
Employer Did Not Have to Alter Job to Accommodate Employee's Disability
Error in Options Documentation Proves Costly for Employer
Employer is Not Liable for Online Threats Made by Employee
First Circuit Holds that an Employee's Previous Period of Employment Counts Towards FMLA Leave Eligibility, Despite a Five-Year Gap
Former Employee Lawfully Used Customer Information On Behalf of a Competitor
The National Labor Relations Board Clarifies Standard for Determining Supervisory Status under the National Labor Relations Act

Labor & Employment Law Update - October 4, 2006

Mon, 20 Jul 2009 11:15:17 EDT

For years, the National Labor Relations Board (“the Board”) has grappled with formulating a standard for determining who is a “supervisor” within the meaning of the National Labor Relations Act (“the Act”). Yesterday, in Oakwood Healthcare, Inc., a majority of the Board clarified the standard for determining supervisory status for workers who do not perform functions like hiring, promoting, or laying off workers, but assign work to other employees. The decision could have significant implications for labor unions’ organizing efforts, because supervisors are excluded from the Act’s protections. Supervisors are not entitled to organize or select a union representative, but may campaign against union organizing on behalf of the employer.

Employment Bulletin - June 27, 2007

Thu, 20 Sep 2007 10:59:53 EDT

The Massachusetts Division of Health Care Finance and Policy ("the Division") recently issued two sets of regulations relating to the new Health Care Reform Law, both of which will take effect on July 1, 2007. One set of regulations sets out what information must be reported to the state in the Health Insurance Responsibility Disclosure form ("HIRD"). The Massachusetts Health Care Reform Law requires every employer with 11 or more full-time equivalent employees to report to the state whether it maintains a cafeteria plan, as required by the law, and any other information required by the Division.

Employment Bulletin - August 9, 2006

Fri, 21 Sep 2007 10:59:22 EDT

The Massachusetts Division of Health Care Finance and Policy has issued proposed regulations relating to several provisions of the new Massachusetts Health Care Reform Law. If promulgated, these regulations would impose a number of additional requirements upon employers which may be onerous, particularly for large employers.

Labor & Employment Law Update - April 19, 2006

Mon, 20 Jul 2009 11:15:23 EDT

A recent decision of the Court of Appeals for the First Circuit raises significant questions regarding what is a reasonable accommodation under the Americans with Disabilities Act (“ADA”) and Chapter 151B, the Massachusetts anti-discrimination statute. In Tobin v. Liberty Mutual Insurance Company, the plaintiff Kevin Tobin was an insurance sales person who suffered from bipolar disorder. As a result of his condition, he was consistently deficient in meeting sales quotas and was given repeated low ratings for job performance. Ultimately, he was terminated.

Employment Bulletin - February 7, 2008

Thu, 07 Feb 2008 09:41:51 EDT

Most employers have little interest in employees’ personal lives. However, the rising cost of employer-provided health insurance has caused employers to consider whether their employees engage in a healthy lifestyle. A closely-watched case pending in the federal case in Massachusetts raises questions about the extent to which employers may prohibit unhealthy practices as a means of controlling health insurance costs.

DOL Issues New FMLA Regulations

Tue, 09 Dec 2008 13:45:07 EDT

Recently, the U.S. Department of Labor (“DOL”) published its Final Regulations relating to the Family and Medical Leave Act (“FMLA”). These long-awaited regulations―the first regulatory revisions in over a decade―will go into effect on January 16, 2009. Below is a summary of some of the more important aspects of these regulations. Because the final regulations are almost two hundred pages in length and contain hundreds of changes, the summary below should not, of course, be considered comprehensive.

Employment Bulletin - December 21, 2006

Fri, 21 Sep 2007 10:59:22 EDT

The Family and Medical Leave Act (“FMLA”) requires covered employers to grant eligible employees up to 12 weeks of unpaid leave per year under certain circumstances, including when the employee is unable to work because of a serious health condition. One of the eligibility requirements is that an employee must work for the employer “for at least 12 months.” In Rucker v. Lee Holding Co., the Court of Appeals for the First Circuit held that an employee could count an earlier period of employment, despite a five-year gap, towards the 12-month eligibility period.

Employment Bulletin - April 25, 2006

Thu, 20 Sep 2007 10:58:18 EDT

As you may recall from the September 2005 edition of Foley Hoag’s Labor and Employment Law Update, the Massachusetts Appeals Court held in Lowery v. Klemm that, while a volunteer could not bring a claim for sexual harassment under Chapter 151B, the general antidiscrimination statute governing most employers, a volunteer could bring such a claim under Massachusetts General Laws Chapter 214, § 1C. That statute provides that “persons” have the right to be free from sexual harassment. Because Chapter 214, § 1C applies more generally to “persons” rather than just employees, the Appeals Court held that Chapter 214, § 1C was broad enough to reach volunteers’ claims for sexual harassment.

Employment Bulletin - June 22, 2010

Tue, 22 Jun 2010 10:31:15 EDT

Last Thursday, the United States Supreme Court held in New Process Steel v. National Labor Relations Board that the National Labor Relations Board was not authorized to act when it had only two sitting members. The holding calls into question the almost 600 decisions issued by the two-member Board from January 2008 through March 2010.

Employment Bulletin - June 15, 2006

Fri, 21 Sep 2007 10:59:22 EDT

For many years, the Massachusetts Commission Against Discrimination has awarded to complainants large damage awards for emotional distress suffered as a result of employer discrimination or retaliation. These awards, sometimes as high as six figures, were often based on little more than the inference that discrimination would likely cause its victim distress. Two years ago, the Supreme Judicial Court, in its decision in Stonehill College v. MCAD, attempted to put some restraints on the MCAD in this regard. The Court instructed the MCAD that it could not simply infer emotional distress and instead had to make findings of fact in support of an award of emotional distress damages. While many believed that Stonehill College would curtail the MCAD’s awarding of runaway emotional distress damages, little changed in the aftermath of the decision, as the MCAD continued to award large emotional distress damages based upon little more than the complainant’s testimony that he or she was upset or embarrassed.

Massachusetts Gives Businesses Until January 1, 2010 to Adopt Information Security Programs To Comply With Recent Identity Theft Regulations

Wed, 01 Sep 2010 16:28:58 EDT

On Thursday, February 12, 2009, the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) issued a public statement indicating that it is extending the May 1, 2009 deadline to comply with recent Massachusetts identity theft regulations until January 1, 2010.

Employment Bulletin - June 29, 2007

Fri, 21 Sep 2007 10:59:22 EDT

Today, the Commonwealth Health Insurance Connector Authority ("the Connector") issued an advisory bulletin regarding the requirement of the Massachusetts Health Care Reform Law that all employers with 11 or more full-time employees adopt a compliant cafeteria plan by Sunday, July 1, 2007. Most significantly, the Connector has delayed the requirement that the employer file its cafeteria plan with the state. According to the advisory, the deadline has been extended to October 1, 2007, and the Connector will not accept any such filing before September 1, 2007. Note that this change does not mean that an employer has until October 1, 2007 to adopt a compliant cafeteria plan; it only delays the law’s filing requirement.

EEC Perspectives - July 2008

Mon, 20 Jul 2009 11:15:00 EDT

Included in this Issue:

A Market Perspective: Foster Hinshaw on 'B' Rounds - Opportunity in 'Gloom and Doom'
In 2002, during the valley of the tech bubble burst, one of the most respected VC’s in the tech community said to me, "It’s all about survival, survival, survival – I don’t know if we will ever recover". Notwithstanding, the resiliency of our tech community proved its intrinsic value to the economy and there were some nice IPO’s and exits from companies that were incubating during the bubble years (including FAST, EqualLogic and Netezza). Today the news is similar: (a) zero IPOs in Q2 2008; (b) the financial sector is in a major, albeit predictably cyclical, reset; and worse (c) another 1970’s style energy crisis is on us. (continues...)
Selected New England "Series B" and Later Round Transactions
Terms of New England Series B and Later Rounds
The Activity Level Summary

Supreme Judicial Court Holds That Doctor Is Not Required to Arbitrate Discrimination Claims

Wed, 02 Dec 2009 17:40:17 EDT

Yesterday, the Supreme Judicial Court held in Warfield v. Beth Israel Deaconess Medical Center, that a broad arbitration clause in an employment agreement did not apply to discrimination claims under Massachusetts General Laws Chapter 151B.

Labor and Employment Law Seminar 2007 - PowerPoint Presentation (.pdf)

Mon, 20 Jul 2009 11:15:18 EDT

Foley Hoag's 10th Annual Seminar provided an update on the following topics:

Overview: Developments in Labor and Employment
William Koffel
Massachusetts Health Care Reform Law
Robert Fisher
Avoiding Claims of Unlawful Retaliation
Barbara Hamelburg
Wage and Hour Enforcement Issues
James Bucking
Immigration Law
Kevin Fitzgerald/George Lester
Lawful Screening Strategies for Applicants and Employees
Kimberly Jones

This year's half-day program included an update from two newly-appointed leaders in the administration of Attorney General Martha Coakley:

Kevin Conroy, Bureau Chief
Massachusetts Business & Labor Bureau
Joanne Goldstein, Division Chief
Massachusetts Business & Labor Bureau/Fair Labor Division

Massachusetts Proposes to Make It Harder for Employers to Avoid Paying the Fair Share Contribution under the Health Care Reform Law

Fri, 22 Aug 2008 14:06:15 EDT

The Massachusetts Health Care Reform Law permits the state to assess an annual per-employee fee called the Fair Share Contribution (FSC) against non-contributing employers with 11 or more full-time equivalent employees. The fee can be as much as $295 per employee. To avoid the fee, the law requires an employer to offer a group health insurance plan and to make a “fair and reasonable” premium contribution towards that insurance.

Doing Business in Massachusetts

Wed, 17 Mar 2010 16:34:47 EDT

This guide is intended to provide foreign businesspeople with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in the Commonwealth of Massachusetts. The level of detail is varied, reflecting the nature of the legal areas discussed. For example, environmental law and taxation are subjects of detailed and technical regulation, while labor relations are governed as much by custom and practice as by direct regulation.

Employment Bulletin - October 11, 2007

Thu, 11 Oct 2007 10:30:39 EDT

Employers in Massachusetts generally can take comfort in a well-established legal principle that gives judges discretion to enforce a noncompete provision "to the extent that it is reasonable." Courts regularly use this concept to modify the duration and/or scope (substantive and geographic) of noncompete provisions to make them "reasonable" based on the particular facts of a case.

New Deadline For Red Flags Rules: FTC Gives Businesses Until June 1, 2010 To Develop Compliant Identity Theft Prevention Programs

Wed, 01 Sep 2010 16:31:17 EDT

On Friday, October 30, 2009, just two days before the Federal Trade Commission (FTC) was set to begin enforcement of federal Red Flags Rules, the FTC announced that it was giving businesses seven additional months, until June 1, 2010, to comply with the new identity theft regulations. (more...)

Employment Bulletin - December 27, 2006

Fri, 21 Sep 2007 10:59:22 EDT

As we ring in the New Year next week, employers should be aware of some new legal requirements taking effect on January 1, 2007.

Topics covered:

Minimum Wage Increase and Posting Requirement
Pension Protection Act
“Free Rider” Surcharge Provision of Healthcare Reform Law
Important Policies Should be Reviewed

EEC Perspectives - May 2009

Mon, 02 Nov 2009 12:07:57 EDT

Included in this Issue:

Get Your Pole Vaults Out - Mark Haddad
The Numbers - Amanda Vendig
Selected New England Series A Round Transactions: First Quarter 2009
Selected New England Series B and Later Round Transactions: First Quarter 2009
Terms of Selected New England Series A Rounds 2009
Terms of Selected New England Series B and Later Rounds
The Activity Level Summary

New England Series A and First Round Transactions by Industry
New England Series B and Later Round Transactions by Industry
National Series A and First Round Transactions by Industry
National Series B and Later Round Transactions by Industry

Size of New England 2009 Series A and First Round Transactions by Industry
Size of New England 2009 Series B and Later Round Transactions by Industry

Many Federal Contractors Will Have To Comply With E-Verify

Mon, 02 Nov 2009 12:08:04 EDT

Yesterday, a new federal rule took effect, which requires many federal contractors to use the E-Verify system to determine their employees’ eligibility to work in the United States. E-Verify is a free web-based system operated by the Department of Homeland Security, in partnership with the Social Security Administration. The system compares employee information from the Employment Eligibility Verification Forms (I-9) against federal government databases in order to verify workers’ employment eligibility. Under the new rule, many companies which are awarded a federal contract after September 8, 2009 will be required to enroll in E-Verify within 30 days of the contract award date. The contractor will need to use the system to verify employment eligibility for all new hires, regardless of whether the employee will work on the federal contract, and also for all existing employees who perform work on the contracts.

The Employee Free Choice Act: Understanding the Act and Protecting your Business

Fri, 17 Jul 2009 16:04:48 EDT

The Employee Free Choice Act is proposed federal legislation that would greatly improve union chances of winning certification elections and would increase union membership throughout the country. Businesses have identified the EFCA as a serious threat and one that has a good chance of becoming law.

At this point, no one can predict whether the EFCA will pass as proposed, whether it will pass in an amended form, or whether it will pass at all. But, regardless, union organizing activity will likely increase in coming years due to the changed political environment, and employers need to be prepared.

I hope that you find the information in this booklet helpful, and please feel free to contact me if you have any questions.

Sincerely,

Jonathan A. Keselenko
Partner, Labor and Employment Department
Partner, Labor and Employment Department

H-1B Cap Reached; Relief Offered to Foreign Students with Expiring “Optional Practical Training” Work Permission

Wed, 09 Apr 2008 11:08:15 EDT

The U.S. Citizenship and Immigration Services (USCIS) announced today that it has received H-1B petitions in excess of both the regular 65,000 annual cap and the 20,000 limit for beneficiaries with a U.S. advanced degree. It will conduct a random selection process among all filings received by April 7, 2008 to determine which petitions will be processed. The “lottery” for US advanced degree petitions will be conducted first, and any petitions not selected will be included in the lottery for the 65,000 limit.

USCIS Delays Imposition of E-Verify Obligations On Federal Contractors

Tue, 13 Jan 2009 13:11:40 EDT

In response to a lawsuit brought by the U.S. Chamber of Commerce and other industry groups, the U.S. Citizenship and Immigration Service (USCIS) has agreed to delay the imposition of the E-Verify system on federal contractors until February 20, 2009. E-Verify is an automated, web-based system for verifying employees’ identity and their authorization to work in the United States. As we explained in our December 1, 2008 bulletin, a new federal rule would have required federal contractors to use this system beginning on January 15, 2009. However, USCIS has agreed to a one-month postponement so that the federal court can decide whether the recent lawsuit has any merit. The Chamber of Commerce and others allege that the executive order making the system mandatory is invalid and seek an injunction against enforcement of the rule. We will update you as the lawsuit progresses.

For more information, see our December 1, 2008 bulletin.

Litigios y Arbitrajes Internacionales

Tue, 01 Sep 2009 10:33:02 EDT

Litigios y Arbitrajes entre Estados Soberanos
Arbitrajes entre Estados
Soberanos e Inversionistas
Arbitrajes Internacionales Comerciales
Litigios ante las Cortes de los Estados Unidos

Attorney General of Massachusetts Announces Initiative on Executive and Director Compensation

Thu, 03 Sep 2009 17:31:25 EDT

The compensation practices of nonprofit organizations in Massachusetts just became subject to increased scrutiny. The Non-Profit Organizations/Public Charities Division of the Office of the Attorney General of Massachusetts announced yesterday that it is turning its attention to compensation paid by health care systems and health care insurers to their executives and directors. Depending on the outcome of its investigation and new reporting requirements, the Division may expand its review to other sectors.

Employment Bulletin - November 19, 2007

Mon, 19 Nov 2007 14:51:57 EDT

Employee handbooks are an easy and effective way for employers to communicate in writing their policies, benefits and work rules. But that ease of communication also makes employee handbooks fertile ground for litigation. A recent Massachusetts Appeals Court decision, LeMaitre v. Massachusetts Turnpike Authority, is a reminder that handbooks must be carefully drafted to avoid creating enforceable promises that can later serve as the basis for a breach of contract claim in court.

Update on Changes to Travel Rules for Visa Waiver Program Travelers and Permanent Residents

Tue, 29 Jul 2008 17:11:42 EDT

Implementation of the Electronic System of Travel Authorization

The Department of Homeland Security (DHS) has announced the implementation of the Electronic System for Travel Authorization (ESTA), which will be used to apply for travel to the United States under the Visa Waiver Program (VWP). To apply for travel authorization to the United States, VWP travelers will access the ESTA web-based system and complete an application online. The application will consist of the biographical and eligibility information currently required on the I-94 paper form, and will be used to determine traveler eligibility and to assess any law enforcement and/or security risks posed by a VWP traveler. DHS is recommending that VWP travelers obtain an ESTA approval as soon as possible, and no later than 72 hours prior to departing to the United States. However, ESTA has been designed to accommodate last minute and emergency travel as well.

(continues)...

Federal Court Decision Suggests That Employees Can Challenge Employers’ Policies on Off-Duty Conduct

Wed, 09 Sep 2009 17:06:06 EDT

Last year, we reported on a federal court decision, Rodrigues v. The Scotts Co., which suggested that an employer can be liable for terminating an employee for engaging in legal but unhealthy off-duty conduct. In Rodrigues, the employer maintained a “wellness plan”, which prohibited employees from smoking cigarettes both on and off the job in order to reduce anticipated medical insurance costs. The plaintiff was fired after he tested positive for nicotine as part of a drug screen. In its original February 2008 decision, the federal court held that the plaintiff had asserted viable claims for invasion of privacy and under the Employee Retirement Income Security Act (ERISA) for unlawful interference with his right to benefits under Scotts’ health insurance plan.

Employment Bulletin - August 11, 2010

Wed, 11 Aug 2010 14:26:19 EDT

On Monday, the Supreme Judicial Court held that the protections of the Massachusetts Maternity Leave Act ("MMLA") are limited to a period of eight weeks. The MMLA provides that a female employee "who is absent from such employment for a period not exceeding eight weeks for the purpose of giving birth ... shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave." In Global NAPs, Inc. v. Awiszus, the Court explained that a female employee who was terminated while on leave did not have a claim under the statute because her maternity leave exceeded eight weeks.

Boston Business Journal - July 28, 2006

Mon, 02 Nov 2009 14:33:38 EDT

In many industries across New England, companies are expanding their work forces. With increased competition for talent comes a surge in litigation over perceived violations of restrictive covenants and other hiring related issues. We have observed a fundamental transformation in this area, largely stemming from the continued evolution of technology in the workplace and, in particular, companies' ability to track the computer activities of departing employees.

Immigration Alert - November 8, 2007

Thu, 08 Nov 2007 16:40:45 EDT

On November 7, 2007, USICS issued a revised I-9 Employment Eligibility Verification Form. The primary change to the revised Form I-9 is the elimination of five documents which were previously listed on List A as acceptable for proof of both identity and employment eligibility:

Certificate of U.S. Citizenship (Form N-560 or N-570)
Certificate of Naturalization (Form N-550 or N-570)
Alien Registration Receipt card (Form I-151 - please note that the current I-551 Permanent Resident Card remains on List A)
Reentry Permit (Form I-327)
Refugee Travel Document (Form I-571)

Technology Datasheet

Mon, 02 Nov 2009 12:08:33 EDT

Maintaining a leadership position in competitive, dynamic industries like software and technology is always challenging. At Foley Hoag, our lawyers are dedicated to helping you meet this challenge. Our goal is to become an essential partner to our clients in the software and technology industries. We understand your business, and we’ve been involved in many important industry milestones. For example, we assisted our clients in the:

Initial public offering of Cullinet Software, which became the first software company listed on the New York Stock Exchange
Merger of Powersoft with Sybase, which was the largest merger in the software industry
Merger of PRI Automation and Brooks Automation, creating the largest automation company in the semiconductor industry
Acquisition of the defense and intelligence group of American Management Systems by CACI International, creating the largest publicly traded company devoted to providing information technology services to the United States Government

May 15 Deadline for Filing IRS Form 990-N

Wed, 13 May 2009 17:24:26 EDT

As a result of a new requirement first implemented in 2008, tax-exempt organizations with gross receipts of $25,000 or less may be required to file IRS Form 990-N, the “e-Postcard.” The e-Postcard must be filed no later than the 15th day of the fifth month following the end of the organization's tax year. For example, an organization whose tax year ends December 31 must submit the e-Postcard by the following May 15.

MCAD Commissioner Announces That The Massachusetts Maternity Leave Act Applies to New Fathers

Wed, 04 Jun 2008 16:14:09 EDT

At the 11^th Annual Foley Hoag Labor & Employment Seminar, keynote speaker Martin Ebel, a Commissioner of the Massachusetts Commission Against Discrimination (“MCAD”), stated that the Massachusetts Maternity Leave Act (“MMLA”) should be viewed as gender neutral. The law specifically provides that female employees are entitled to eight weeks of leave relating to the birth or adoption of a child. However, Commissioner Ebel announced that this language should be applied equally to male employees. He explained that reading the statute as written, meaning that it only applies to women, would raise constitutional concerns, particularly in light of the Supreme Judicial Court’s decision legalizing same-sex marriage. For example, if a female same-sex couple adopted a child, both would be entitled to leave under the MMLA. However, if the couple were male, neither would be entitled to leave. To avoid this anomalous result, Commissioner Ebel stated that the law should apply to men, as well as women. He noted that the two other Commissioners of the MCAD agreed with this view.

Labor & Employment Datasheet

Fri, 21 Dec 2007 11:29:21 EDT

Succeeding in today’s highly-complex marketplace requires paying particular attention to labor and employment issues. Our long-standing strength in representing employers in labor relations and employment litigation defense issues is complemented by our experience in dealing with the emerging issues confronting employers in the 21st century.

Our goal is to provide pragmatic business advice and a cost-effective approach aimed at helping you achieve results.

We handle a wide variety of issues facing our clients each day. Some of these matters include:

Attempts to seek class-wide relief in wage-and-hour and other actions
Efforts by unions to obtain neutrality and card-check agreements
Increased efforts to control employment litigation costs through alternative dispute resolution, particularly arbitration
Enforcement of non-competition agreements and protection of trade secrets
Sarbanes-Oxley investigations
Claims for stock options and other employment benefits
Providing advice on numerous issues arising from the National Labor Relations Act and various state labor law
Assisting clients in collective bargaining matters
Representing employers before the National Labor Relations Board
Handling grievance and interest arbitrations arising under collective bargaining agreements
Helping employers preserve their non-union status in the face of organizing campaigns
Assisting employers in obtaining the appropriate bargaining units during a union election

California Supreme Court Issues Definitive Ruling Striking Down Even Narrowly Drafted Noncompetition Agreements

Wed, 13 Aug 2008 12:35:58 EDT

We recognize that many Massachusetts- and New England-based companies have employees in California, and therefore wanted to make you aware of a recent decision from California’s Supreme Court holding that noncompetition agreements are invalid under California law, even when they are carefully drafted to prohibit only certain competitive activity.

Employment Bulletin - October 4, 2006

Fri, 21 Sep 2007 10:59:22 EDT

For years, the National Labor Relations Board (“the Board”) has grappled with formulating a standard for determining who is a “supervisor” within the meaning of the National Labor Relations Act (“the Act”). Yesterday, in Oakwood Healthcare, Inc., a majority of the Board clarified the standard for determining supervisory status for workers who do not perform functions like hiring, promoting, or laying off workers, but assign work to other employees. The decision could have significant implications for labor unions’ organizing efforts, because supervisors are excluded from the Act’s protections. Supervisors are not entitled to organize or select a union representative, but may campaign against union organizing on behalf of the employer.

Boston Business Journal - March 4, 2005

Fri, 21 Sep 2007 10:59:20 EDT

A company's intellectual property walks out the door every time an employee leaves. Because of this, noncompetition, nonsolicitation and nondisclosure agreements have become an important tool for companies seeking to protect their interests.

Tax and Benefits Alert - November 20, 2007

Tue, 27 Nov 2007 21:36:40 EDT

The I.R.S. recently issued its annual cost-of-living adjustments applicable in 2008 to qualified retirement (pension, profit-sharing, § 401(k), money purchase and stock bonus) plans.

Employment Bulletin - August 13, 2010

Fri, 13 Aug 2010 14:46:47 EDT

On August 6, 2010, Massachusetts Governor Patrick signed into law the “CORI Reform Bill,” which significantly affects employers’ access to and use of criminal record information during the hiring process. The law changes the state’s Criminal Offender Recommendation Information (CORI) system and includes new rules on how and when employers may obtain and use criminal records. The following is a summary of those changes specifically directed at employers.

First Circuit Holds That Employer’s Shifting Explanation for Termination Was Sufficient to Raise Jury Question in Age Discrimination Case

Wed, 02 Dec 2009 17:44:26 EDT

Five Common Employment Law Hazards for Start-Ups

Thu, 29 Apr 2010 13:09:25 EDT

Contents

1. Exposure to Liability in the Hiring Process

2. Failure to Adequately Document Terms and Conditions of Employment

3. Misclassification Issues
- Employee or Independent Contractor
- Exempt or Non-exempt

4. Failure to Comply with Wage Payment Laws

5. Inadequate Protection of Intellectual Property

President Obama Extends COBRA Subsidy Until May 31, 2010

Tue, 20 Apr 2010 09:34:19 EDT

Last week, President Obama signed into law the Continuing Extension Act of 2010, which among other provisions, provides for another extension of the federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (“ARRA”). Under ARRA, employees who were involuntarily terminated between September 1, 2008 and December 31, 2009 are entitled to a government subsidy of 65% of the premium cost for health care continuation coverage under COBRA.

Tips for Planning Reductions in Force

Mon, 02 Nov 2009 12:08:33 EDT

We know that the recent financial crisis and related economic downturn unfortunately are causing many employers to consider ways to reduce operational expenses, including through workforce restructuring and layoffs. We offer a few preliminary considerations: any such reduction-in-force (RIF) must be carefully planned and executed both to minimize exposure to liability under various employment laws and to mitigate negative effects on employee morale and operations. The following are some issues for employers to consider as they grapple with whether and how to implement a layoff.

Questions Include:

Is a Layoff Necessary?
Voluntary or Involuntary Program?
Develop Uniform Selection Criteria
Conduct a Layoff Analysis
Is Advance Notice Required
Severance and ERISA
Asking for a Release
Don't Forget Immigration Implications
Don't Lose Sight of Termination Basics

Employers May Be Held Liable under Massachusetts Law for Discrimination Against Employees of Third Parties

Wed, 17 Sep 2008 14:37:14 EDT

Three years ago, the Massachusetts Supreme Judicial Court held in Modern Continental/Obayashi v. Massachusetts Commission Against Discrimination that an employer may be held liable under Massachusetts state law for discrimination committed by persons who are not its employees. The Massachusetts Appeals Court recently held that the converse is also true: an employer may be held liable for the discriminatory acts of its employees against employees of another employer.

Last Minute Reprieve: FTC Gives Businesses Until August 1, 2009 to Adopt Identity Theft Prevention Programs To Comply With Federal Red Flags Rules

Wed, 01 Sep 2010 16:30:21 EDT

On Thursday, April 30, 2009, just 24 hours before the Federal Trade Commission (FTC) was set to begin enforcement of federal Red Flags Rules, the FTC announced that it was giving businesses three additional months, until August 1, 2009, to comply with the new identity theft regulations. The FTC also promises to provide a “template” for compliance directed to “entities that have a low risk of identity theft.” This announcement is welcome news for businesses that have been struggling to develop a compliant program by the end of the day today.

Employment Bulletin - December 22, 2005

Fri, 21 Sep 2007 10:59:22 EDT

Yesterday, in Clifton v. MBTA, the Massachusetts Supreme Judicial Court (“SJC”) seems to have opened the door to large punitive damage awards in cases brought under Massachusetts General Laws Chapter 151B, the state anti-discrimination law. While the Court had accepted appellate review of the case to address a straightforward legal issue regarding the application of the continuing violation doctrine to retaliation claims, in its decision, the SJC also went out of its way to endorse large punitive damage awards in such cases.

Massachusetts Supreme Judicial Court Finds That Employer Should Have Exempted Employee From Grooming Policy On Religious Grounds

Mon, 22 Dec 2008 09:59:06 EDT

In many industries, particularly those where employees deal directly with the public, employers expect employees to meet strict dress and grooming standards in order to convey a professional image. A recent decision by the Supreme Judicial Court makes clear that these policies may need to give way to employees’ genuine religious beliefs and that employers must carefully address accommodations from the policy.

Supreme Judicial Court Extends Anti-Discrimination Laws to Small Businesses

Wed, 29 Oct 2008 12:47:50 EDT

Chapter 151B, the Massachusetts anti-discrimination statute, does not apply to small employers, meaning those with fewer than six employees. However, last Friday, the Massachusetts Supreme Judicial Court (“SJC”) held that an employee may nonetheless sue a small employer for discrimination under the Massachusetts Equal Rights Act. The decision has potential ramifications for all employers -- large or small -- because it suggests that a plaintiff has a claim for discrimination under the Massachusetts Equal Rights Act whenever Chapter 151B does not apply, such as discrimination claims brought by non-employees.

Medicare Coverage & Payment For New Technologies

Thu, 18 Jun 2009 10:48:38 EDT

Understanding Medicare coverage and payment policy is critical to the successful launch of any new life sciences technology. Foley Hoag’s Medicare Coverage & Payment Practice provides regulatory and legislative advice to a broad array of leading life sciences companies, including:

global pharmaceutical and biotechnology firms,
trade associations,
venture capital and investment funds,
patient associations and advocacy groups, and
early-stage companies.

The Impact of the Michigan Cases in the Employment Context

Fri, 21 Sep 2007 10:59:35 EDT

The Supreme Court’s “Michigan” affirmative action decisions last term1 set out rules for when the Constitution permits race to play a role in admissions decisions at public universities. Although not employment cases, and primarily constitutional cases, the decisions are of special interest to practitioners in employment law. It seems inevitable that the Michigan decisions will adjust, if not chart, the course for future litigation over affirmative action in the workplace for both public and private employers.

U.S. Supreme Court Expands Protections Against Retaliation

Wed, 02 Dec 2009 17:25:35 EDT

A recent decision by the U.S. Supreme Court expands the protections against retaliation under Title VII of the Civil Rights Act of 1964. The statute forbids retaliation against an employee who has “opposed” discriminatory practices. In Crawford v. Metropolitan Government of Nashville and Davidson City, the Supreme Court held that this language protects employees who allege discrimination in response to questions during an employer’s internal investigation.

Federal Minimum Wage Increases to $7.25 Today

Fri, 24 Jul 2009 13:27:00 EDT

This is a reminder that the federal minimum wage increases today to $7.25 per hour. A revised federal minimum wage poster can be obtained from the U.S. Department of Labor’s website. For employers with Massachusetts-based employees, the state minimum wage rate continues to be higher at $8.00 per hour.

Employment Bulletin - March 16, 2007

Fri, 21 Sep 2007 10:59:22 EDT

On April 2, 2007, the United States Citizenship and Immigration Services (USCIS) will begin accepting petitions from employers seeking to hire foreign nationals in H-1B temporary professional worker immigration status for federal fiscal year 2008, which starts October 1, 2007. As you may know, there is an annual limit of 65,000 new petitions that may be filed. We expect this limit to be reached very quickly after the filing period commences. Last year, the cap was reached on May 26, 2006, about 8 weeks into the filing period and more than 4 months before the start of the fiscal year. This year, we expect even higher demand for H-1B petitions and that the cap will be reached sooner.

Supreme Court Upholds Right To Bring Retaliation Claims Under Section 1981

Mon, 02 Jun 2008 09:17:04 EDT

The U.S. Supreme Court recently held that an individual who alleged that he was fired by his employer for complaining about race discrimination could pursue a retaliation claim under the Civil Rights Act of 1866. This statute, commonly referred to as Section 1981, grants people of all races the same rights to “make and enforce contracts.”

Massachusetts Appeals Court Reinstates $195,000 in Emotional Distress Damages For Disability Discrimination

Thu, 03 Dec 2009 12:17:38 EDT

Recently, the Massachusetts Appeals Court reinstated an order of the Massachusetts Commission Against Discrimination (“MCAD”), requiring the City of Boston to pay $195,000 to Diana Sabella, a teacher in the Boston Public School system, for emotional distress she had suffered as a result of disability discrimination. In City of Boston v. Massachusetts Commission Against Discrimination, the Appeals Court recognized that the amount of the award was high but ruled that substantial evidence supported the damages. While prior court decisions had sought to curb runaway emotional distress awards by the MCAD, the decision suggests that Massachusetts courts may be shifting away from scrutinizing such damages.

President Obama Extends COBRA Subsidy for Unemployed Workers

Wed, 23 Dec 2009 12:26:42 EDT

On December 21, 2009, President Barack Obama signed into law an extension of the federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (“ARRA”).

Employment Bulletin - August 10, 2006

Fri, 21 Sep 2007 10:59:22 EDT

Massachusetts General Laws Chapter 149, § 148A prohibits employers from retaliating against an employee for exercising his or her rights under the wage and hour statutes, including such actions as filing a formal complaint with the Office of the Attorney General. In Smith v. Winter Place LLC, the Supreme Judicial Court held that internal complaints made to management regarding wage violations may be the basis of a retaliation claim under § 148A, even if the complaints are never brought to the attention of the Attorney General. The decision has important implications for how employers should handle such internal complaints should they arise.

H-1B Petitions for FY 2009 Must Be Filed April 1, 2008

Mon, 25 Feb 2008 13:30:01 EDT

Employers should file H-1B petitions for foreign national employees with the U.S. Citizenship and Immigration Services (“USCIS”) on April 1, 2008. For most employers, new H1-B petitions are subject to an annual limit of 65,000. Last year, this cap for the entire year was reached on the first day of the filing period, and we anticipate that the volume of filings will be the same or more this year. Thus, employers must be prepared to submit their petitions within this one day window, on April 1, 2008, or be prevented from filing until next year. There also is a cap of 20,000 for foreign nationals with U.S. advanced degrees. This separate cap was reached within four weeks of the start of the filing period, and we expect the volume of these petitions to increase this year. Employers should be prepared to file these petitions on April 1, as well.

First Circuit Affirms Large Jury Award to Employee Denied Accommodation for His Disability

Wed, 02 Dec 2009 17:26:03 EDT

A recent decision of the Court of Appeals for the First Circuit highlights that employers must carefully consider a disabled employee’s request for an accommodation under the Americans with Disabilities Act and Chapter 151B, the Massachusetts anti-discrimination statute. In Tobin v. Liberty Mutual Insurance Company, the First Circuit upheld a verdict of $1.3 million for plaintiff Kevin Tobin, who claimed that Liberty Mutual had failed to accommodate his disability.

Employment Bulletin - February 11, 2008

Mon, 11 Feb 2008 11:04:44 EDT

Recently, President Bush signed into law, as part of the National Defense Authorization Act of Fiscal Year 2008, a significant amendment to the Family and Medical Leave Act (“FMLA”). The amendment creates two new types of leave for employees with family members in the military: leave to care for an injured servicemember and leave to deal with emergencies that arise when a family member is called to active.

New Health Information Privacy and Security Provisions in the American Recovery and Reinvestment Act of 2009

Mon, 02 Nov 2009 12:08:30 EDT

Somewhat lost in the American Recovery and Reinvestment Act of 2009 (“ARRA”), among the hundreds of pages describing billions in stimulus spending and tax relief, are significant new health information privacy and security provisions. These provisions have the potential to impact every “covered entity” under HIPAA, including hospitals, physicians and health plans, as well as “business associates” who were not previously covered by HIPAA.

Labor & Employment Law Update - September 1, 2005

Mon, 20 Jul 2009 11:15:21 EDT

In Campbell v. General Dynamics Government Systems, the Court of Appeals for the First Circuit held that an employer could not compel a former employee to arbitrate his discrimination claims pursuant to a mandatory arbitration policy because the employer's communication of that policy by e-mail was insufficient notice.

U.S. Supreme Court Holds That City Discriminated Against White Firefighters

Tue, 30 Jun 2009 16:31:20 EDT

Yesterday, the U.S. Supreme Court held in a case of so-called reverse discrimination that the City of New Haven, Connecticut discriminated against 17 white firefighters and one Hispanic firefighter by refusing to certify the results of a promotional exam. The City argued that if it had certified the results, it risked litigation by black firefighters who claimed that the exam had a disparate impact upon minorities. The Supreme Court rejected this defense, holding that there was not a strong basis in evidence to demonstrate that the exam itself discriminated against minority candidates.

Employment Bulletin - January 3, 2008

Thu, 03 Jan 2008 12:23:13 EDT

In The Register-Guard, the National Labor Relations Board held that employees have no right under the National Labor Relations Act to conduct union business on their employer’s e-mail system. It concluded that the employer lawfully barred employees from using its e-mail system for any “non-job-related solicitations,” including those on behalf of a labor union.

Employment Bulletin - January 10, 2007

Fri, 21 Sep 2007 10:59:22 EDT

Because of questions about some of the obligations imposed on employers by the Massachusetts Health Care Reform law, the law recently was amended to modify and clarify these obligations. Further, the Division of Health Care Finance and Policy ("Division") finalized regulations regarding the implementation of the law.

Topics covered:

Health Insurance Responsibility Disclosure Form (HIRD)
Changes to the "Free Rider" Surcharge Provisions
Clarification Regarding Employee Leasing Companies

USCIS Is Still Accepting H-1B Petitions

Wed, 02 Dec 2009 17:34:25 EDT

Yesterday, the U.S. Citizenship and Immigration Services (“USCIS”) announced that the annual cap of 65,000 new H-1B visas has not yet been met and that it is continuing to accept new H-1B petitions. To date, USCIS has only received approximately 42,000 petitions to be processed under the new H-1B cap, plus approximately 20,000 additional petitions filed under the special cap for foreign workers with an advanced degree from a U.S. academic institution.

EEC Perspectives - September 2008

Mon, 20 Jul 2009 11:15:03 EDT

Included in this Issue:

A Market Perspective
Ham Lord, Managing Director, Launchpad Ventures

Angel financing is more than just seed round financing for future venture capital deals. In fact, angels fund 10 to 20 times more companies than venture firms do on an annual basis. This is because many angel deals will never need the type of large financing ($10M+) that is typical of most venture deals.
Structuring a Seed Stage Investment
David A. Broadwin, Partner, Foley Hoag LLP

Many of the entrepreneurs who walk through our doors at the EEC are at the seed/angel stage and are looking for those kinds of investments as well as advice around how to structure the investments so as to (a) fund the early needs of the business and (b) not create barriers to a larger investment later in the life of the business.

IRS Issues Final Instructions for Redesigned Form 990

Tue, 23 Dec 2008 13:34:30 EDT

The Internal Revenue Service (IRS) has released final instructions for completing the Form 990, the annual information return filed by most non-profit entities, which has undergone its first major redesign in almost 30 years. The new Form 990 will be phased in over three years, starting with fiscal years beginning on or after January 1, 2008. The old Form 990 will not be accepted beginning with the 2008 tax year. Full instructions on the new Form 990 are available on the IRS Web site.

Association of Corporate Counsel (ACC) 2007 Annual Meeting

Wed, 10 Oct 2007 14:39:31 EDT

Foley Hoag is a proud Gold Sponsor of the ACC's 2007 Annual Meeting. Visit our booth #415 on the exhibition floor, and attend sessions featuring Foley Hoag lawyers:

Session 005: Using Plaintiff's Lawyers for High-Stakes Litigation, on Monday, October 29 from 9:00-10:30 a.m. Michael Keating from Foley Hoag will join a panel including Michael Avenatti, Plantiff Lawyer, Eagan, O'Malley & Avenatti; Clint B. Davis, General Counsel, Endocare, Inc.; Jodie Kelley, Vice President and Deputy General Counsel, Fannie Mae; and Michael V. Ward, General Counsel of Kensington Computer Products, ACCO Brands Corporation.
Session 709: Expanding Your Influence: Not Your Father's (or Mother's) GC Role, on Tuesday, October 30 from 4:30-6:00 p.m. This program will be moderated by Foley Hoag Co-Managing Partner Michele Whitham, with panelists including Ellen Chiniara, General Counsel at Inverness Medical Innovations, Inc.; Catherine McEvilly, Assistant General Counsel, Honda North America Inc.; and David McEvoy, Vice President and General Counsel at ATG.

Foley Hoag will also host the ACC's Northeast Chapter at a dinner on Monday, October 29 at NoMI Restaurant, overlooking Chicago's "Miracle Mile" and its famed Water Tower.

Building the Smart Grid: Barriers and Opportunities

Wed, 04 Nov 2009 13:47:50 EDT

A recent DOE report concluded that by 2025, Smart Grid technologies could cut U.S. electricity consumption by 10%-15%, cut peak power demands by 25%, and cut greenhouse gas emissions by 20%. And based on a report from Lux research, the Smart Grid market is expected to reach $65 billion in 2013. The technology section – which includes smart metering hardware and software and networking technologies - is expected to reach $4.7 billion. Join us for an interactive session with leading experts to understand what Smart Grid technologies are, what roles these technology utilities companies play in making the power grid smarter and how with the current downturn in the economy, these companies are growing and gaining attention.

Massachusetts Assisted Living Facilities Association (Mass-ALFA) Labor Training

Tue, 03 Feb 2009 12:36:03 EDT

Foley Hoag's Jonathan Keselenko to serve as a speaker/trainer.

MassNetComms CEO Breakfast

Mon, 17 Sep 2007 18:49:43 EDT

The Promise and Perils of Being a Public Company

Join senior level executives for a lively and interactive discussion with the winner of MassNetComms Public Company of the Year: Andy Ory, CEO, Acme Packet.

Angel Capital Association (ACA) 2008 Summit

Tue, 29 Apr 2008 16:12:51 EDT

ACA’s 2008 Summit is the largest gathering of angel investing groups in North America. The event is designed for members of angel groups – both leaders and member investors – as a true peer exchange, with valuable information and thought-provoking discussion on best practices in the field and a way to better know colleagues for future co-investment.

ENET

Fri, 21 Sep 2007 10:59:23 EDT

Real stories of Entrepreneurial challenges, surprises, disappointments, victories and triumph. Learn from the experts: founders who have had the courage and tenacity to step out on their own, and navigate the rough waters of the unknown. If you are thinking of starting your own business, or if you are already a company founder, learn from those who have gone before you. What they have experienced may help you avoid a pitfall or two, and accelerate your own company's progress. Why reinvent the wheel when others willingly share their wisdom? A question and answer session follows the presentation, and panelists are available afterwards for responses to individual questions.

Understanding the New Data Security Law

Thu, 13 Nov 2008 12:20:36 EDT

Last year, Massachusetts enacted a comprehensive data security law intended to protect residents from identity theft. While many assumed that the law would be focused on protecting consumers, it broadly covers all businesses with employees in Massachusetts, not just those that collect customer information. Recent regulations impose significant compliance obligations on all employers and require action by the beginning of the year.

ACC Annual Meeting 2009

Thu, 01 Oct 2009 14:30:27 EDT

Foley Hoag is a proud Blue Sponsor of the ACC's 2009 Annual Meeting. Visit Booth #509 on the exhibition floor and attend sessions featuring Foley Hoag lawyers.

Session 809 - SEC Update on Wednesday, October 21st from 9:00 a.m. - 10:30 a.m. Foley Hoag Partner Peter Rosenblum will be participating in this session, which is part of the Updates Track.
Session 310 - How to Thrive When You Cross State Lines or Go Worldwide: Multi-jurisdictional Nonprofit Operations 101 on Wednesday, October 21st from 11:00 a.m. - 12:30 p.m. Foley Hoag Partner Dean Richlin will be participating in this session, which is part of the Ethics Track.

ABA Section of Labor and Employment Law 2nd Annual CLE Conference

Wed, 10 Sep 2008 10:59:09 EDT

Foley Hoag is proud to sponsor the ABA Section of Labor and Employment Law 2nd Annual CLE Conference.

ACC Annual Update of Critical Developments

Thu, 04 Oct 2007 17:02:37 EDT

The kids' lunchboxes are packed, and their knapsacks full of new supplies. It's time to turn your attention to making sure you're on top of all of the latest developments that affect how you do business. 2007 has been a busy year: Groundbreaking decisions in the litigation arena, continuing regulatory and disclosure guidelines, evolving immigration concerns, and revolutionary developments in the area of patent reform. In-house counsel must continue to be vigilant in making sure that their companies' business practices stay ahead of the curve. So sharpen your pencils and join Foley Hoag and a panel of in-house experts who will review these developments and arm you with the knowledge you need to succeed in 2008 and beyond.

Turning it Around: Restructuring, Refinancing, Recapitalizing and Other Responses to the Economic Crisis

Wed, 04 Nov 2009 13:48:21 EDT

Corporate defaults have trended sharply upward, creating crises for some and opportunities for others. As a business owner or investor you will likely need to know how to avoid, exploit or manage insolvency or bankruptcy situations in your own business, or in that of your customers, suppliers or competitors

Accounting and Tax for Entrepreneurs and Early Stage Companies

Mon, 12 Apr 2010 11:12:37 EDT

Please join Deloitte and NECINA on Wednesday, April 21, 2010 for a seminar that will discuss these essential business functions and provide some clear guidance on the pitfalls and traps that can impact a company’s ability to focus on its goals.

Understanding the New FMLA Regulations

Wed, 24 Dec 2008 13:20:02 EDT

The United States Department of Labor recently published its long-awaited new regulations relating to the Family and Medical Leave Act. These long-awaited regulations will go into effect on January 16, 2009.

We invite you to join us for a seminar focused on understanding and complying with the new FMLA regulations. Our seminar will address a number of significant changes, including the enhanced employer notice requirements, which impose new general and specific notice obligations.

Topics will include:

Clarification of the definition of serious health condition triggering FMLA rights
The medical certification and recertification process
How light duty work affects FMLA leave
How to comply with the new military family leave law
When an employee may substitute paid leave for FMLA leave
When employees can waive their FMLA rights
New notice obligations for employers

The CFO Roundtable Forum

Fri, 21 Sep 2007 10:59:19 EDT

Foley Hoag LLP will provide an overview of the legal concepts CFOs must understand. This 4-hour session will incorporate relevant areas of the law including corporate, intellectual property, litigation and employment.

Recognizing and Defusing Time-Bombs

Wed, 04 Nov 2009 13:47:47 EDT

With today's economic realities, deals that were not possible before are now on the table. Regardless of whether the motivation is a quick exit, a desperation move, or bargain hunting—and whether you are a buyer or a seller—there are certain situations in any M&A deal that have the potential to blow up in your face. Understanding how these time-bombs come about, recognizing them early in the process, and learning how to defuse them are key to successfully crossing the evolving M&A minefield.

Important Wage Deferral Issues Facing Early Stage and Small Companies

Thu, 29 Apr 2010 16:22:44 EDT

Please join Foley Hoag lawyers Kevin Fitzgerald, Jonathan Keselenko, Michael Rosen, and Paul Sweeney for a panel discussion on strategies for early stage and small companies to limit the risk of liability relating to employment disputes.

Impact of the 2008 Election on the Labor and Employment Laws

Thu, 13 Nov 2008 11:45:17 EDT

With President-elect Barack Obama’s victory and Democratic gains in Congress, major changes in workplace laws are on the horizon. These could include:

A reshaping of the laws governing employee unionization, including changes in the manner by which employers become unionized, expansion of those employees who are eligible to be in a union, and binding arbitration for first contracts;
Expanded coverage of the Family and Medical Leave Act;
Limiting enforcement of binding arbitration provisions in employment agreements;
Easing time limits for filing pay-related discrimination lawsuits;
Increasing the minimum wage; and
Appointments and nominations at administrative agencies charged with enforcing labor and employment laws.

In addition, changes are likely during the Bush Administration’s final months in office, including new regulations to the FMLA.

Join Foley Hoag's Labor and Employment lawyers and John Regan for a discussion of the impact of the election on U.S. and Massachusetts employers and for strategies to deal with the anticipated changes.

SPEAKER:
John Regan, Executive Vice President for Government Affairs for Associated Industries of Massachusetts (A.I.M.)

Law School for the CFO

Mon, 16 Aug 2010 11:45:03 EDT

Lawyers from Foley Hoag will provide an overview of the legal topics Chief Financial Officers must understand. This session will focus on current legal challenges faced by financial executives.

Northeastern’s EntreTech Forum: Physical and Cyber Terrorism

Fri, 30 Oct 2009 10:39:24 EDT

The recent unprecedented expansion in the breadth and depth of human interaction has invalidated old paradigms of how humans interact with one another. A critical side-effect of this increased interaction and openness is a new set of fears regarding those who would exploit vulnerabilities linked to those interactions. In particular, governments and corporations have attempted to define and address particular threats stemming from terrorist actions, and are on the hook by their constituencies to come up with solutions for this menace.

Expansion to China

Wed, 04 Nov 2009 13:48:02 EDT

Join us for a morning of networking and lively panel discussion. We will explore the pros and cons for outsourcing and doing business in China. You'll learn from multinational and start-up firms about technology and outsourcing, business entry and growth in China. This event is exclusively sponsored by Ningbo National High-Tech Industrial Development Zone.

Moderator: Douglas Banks, Editor, Mass High Tech

Panelist:

Charlie Jing, China President, Ceva Group
Mark Hodges, Chief Customer Officer, PTC
Christa R. Bleyleben

Law School for the CFO

Mon, 02 Aug 2010 13:07:11 EDT

Attorneys from Foley Hoag will provide an overview of the legal topics Chief Financial Officers must understand. This session will focus on current legal challenges faced by financial executives.

CFO Roundtable Forum: Law School for the CFO

Fri, 30 Oct 2009 10:39:03 EDT

Lawyers from Foley Hoag will provide an overview of the legal topics chief financial officers must understand. This session will focus on the legal and related challenges financial executives face during turbulent economic times.

Let's Get Real About Diversity

Wed, 09 Apr 2008 17:32:08 EDT

In our effort to improve Boston’s reputation for diversity in the legal market, the affinity bar associations are joining forces for a group event to have a candid discussion of where Boston’s legal community has been, where it is now, and where it is going. Panelists will discuss their experiences relating to questions and topics that matter most to diverse attorneys in Boston. We look forward to inspiring the diversity discussion that never seems to take place.

South Asian Bar Association of Greater Boston

Fri, 30 Oct 2009 10:39:25 EDT

Come join us for an evening of food, drink and shared experiences at the SABA GB Mentor-Mentee Kickoff Event.

If you would like to be a SABA GB mentor or mentee and have not yet registered, please contact Mentorship Committee Co-Chairs, Shahzia Rahman (Shahzia.Rahman@wilmerhale.com) and Lalitha Gunturi (LGunturi@goodwinprocter.com).

Fighting Back Against Wage Pressures and Benefits Costs

Mon, 17 Sep 2007 18:31:49 EDT

While the news is dominated by the ups and downs of large publicly traded companies, an equally urgent reality: rising wages and benefits costs. This webinar will help small and medium-sized business owners understand what other firms in their situation are doing to confront these challenges.

Tech Talk Tuesday

Tue, 13 Nov 2007 10:06:31 EDT

Before investing in a portfolio company, a venture investor will give thought to the potential exit strategy for that company. The actual liquidity event will be determined years later by market, competitive, and internal company factors -- but this all can’t happen without a well-defined plan. Similar to the positioning for pre-financing, the portfolio company must be primed to look and act like either an acquired or public company years before liquidity. Covington Associates will describe what is needed to be done to complete successful deals.

Mass Technology Leadership Council -- The New Influencers

Fri, 30 Oct 2009 10:39:18 EDT

The Mass Technology Leadership Council presents Paul Gillin, author of the book The New Influencers.

Blogging, podcasting and other social media are profoundly disrupting the mainstream media and marketing industries. Paul Gillin's The New Influencers explores these forces by identifying the influencers, their goals and their motivations. The book also offers advice for marketers at both large and small organizations on how to influence the influencers.

The New Influencers explores:

Why social media are now so important in consumer decisions
How to leverage the blogosphere to enhance your company's message
Strategies for taking advantage of this new medium
The need for transparency and how to make it work for your benefit
Action items for both small and large businesses
Whether and how your organization should use blogs, podcasts and other social media tools in your marketing strategy

Employment and Immigration Seminar: Enforcement Priorities of the Obama Administration

Tue, 18 Aug 2009 13:57:42 EDT

The Obama administration has placed a renewed focus on existing employment and immigration laws. Key agencies, including the Department of Labor, the Equal Employment Opportunity Commission and the Department of Homeland Security, have initiated new, aggressive enforcement programs against employers. Please join us for a breakfast seminar to discuss these new enforcement efforts and how to avoid becoming a target of a governmental investigation. The seminar will cover the following topics:

DOL national enforcement projects and priorities
EEOC-initiated investigations of employers for nationwide pattern and practice discrimination
Investigatory site visits by Department of Homeland Security
Minimizing exposure to employment and immigration law related risks
How to respond to a governmental investigation

PLI Corporate Compliance and Ethics Institute 2007

Fri, 21 Sep 2007 10:59:32 EDT

Designing an effective risk assessment is a key element of any comprehensive compliance program. Knowing how to gather the relevant information and dealing with the latest legal issues is crucial. At PLI's premier Corporate Compliance and Ethics Institute 2007, top in-house counsel, outside counsel and corporate compliance officers will equip you with the latest techniques in this and other major compliance areas.

Cost Effective Solutions for Any Market Environment

Tue, 08 Sep 2009 14:06:30 EDT

Business owners are right to be focused on the growth of their company but putting the right foundation in place is critical to assure success.

In this informative workshop you will learn...

Effective Benefit Cost Management
5 common mistakes that business owners make that waste money and leave them exposed
Why companies find themselves over insured but under protected?
Critical concepts to sustain profits and impact the bottom line
Maximizing returns for the Business Owner
Performing a Zero Based Analysis

12th Annual Labor and Employment Law Seminar

Tue, 05 May 2009 17:02:25 EDT

TOPICS INCLUDE

Update 2009 – New Developments
Massachusetts Compliance Issues
Understanding the New FMLA Regulations
Immigration Update
Economic Strategies for the Economic Downturn

For more information, please visit Foley Hoag LLP's Labor and Employment group page.

CFO Roundtable Forum

Mon, 17 Sep 2007 18:35:25 EDT

The CFO Roundtable Forum will discuss the ethical choices facing Chief Financial Officers. This will be a true roundtable format where attendees are given a forum to discuss real-life ethical dilemmas faced by financial executives. The discussion will be led by Professor James Hoopes, the Murata Professor of Business Ethics at Babson College. This seminar will qualify as two CPE in the area of ethics.

Background Checks

Wed, 12 Sep 2007 21:02:01 EDT

In today's SOX compliant world, background checks are being used with increasing frequency by high-tech companies. Customers and business partners are demanding them of one another, and companies are increasingly looking to feel secure about the employees they hire. What do you do if something comes up on a background check? Have you taken all measures to ensure that your company is protected in a discrimination suit? Hear practical do's and don'ts from an experienced HR attorney who will speak about the legal pitfalls you can avoid when using background checks. Learn some best practices from your peer companies.

Mass Society of CPAs

Mon, 17 Sep 2007 18:19:52 EDT

Discussion will include:

1. Scope of disclosure violations relating to back-dating
2. SEC guidance regarding restatements
3. Tax consequences of back-dating under Section 409A of the Internal Revenue Code
4. Remediation of back-dated options - Section 409A issuer tender offers

CFO Roundtable Forum

Mon, 17 Sep 2007 18:29:25 EDT

The CFO Roundtable Forum presents a panel discussion on the issues faced by CFOs who frequently find themselves in the counter-intuitive role of leading their companies' human resources functions. At this meeting, we will discuss such diverse topics as employment law, managing employee relationships in times of crises, controlling employee benefits costs, and trends in executive compensation. The course will provide two CPE credits for attendees.

Moderator: Michael Rosen, Partner, Foley Hoag

Tech Talk Tuesday

Thu, 01 Nov 2007 12:57:19 EDT

T3 ("T-cubed" or Tech Talk Tuesday) is a monthly technology executive speaker series featuring expert panelists and the opportunity to network and exchange ideas with peers. Topics span diverse operational, strategic and far-reaching issues faced by technology companies including financing, alliances, liquidity, optimization of resources, distribution channels and international challenges.

2010 Annual Labor and Employment Law Seminar

Fri, 26 Mar 2010 15:27:13 EDT

Topics Include:

The Latest Developments in Labor and Employment
New Massachusetts Data Privacy Regulations Now In Effect
Web 2.0: How New Technology is Affecting the Workplace
Current Developments in Immigration Law

11th Annual Labor and Employment Law Seminar

Thu, 29 May 2008 13:10:48 EDT

Attend Foley Hoag’s 11th Annual Seminar for an update on the following topics:

Overview: Developments in Labor and Employment
EEOC’s Guidelines on Discrimination based on Family Responsibilities
Massachusetts Data Security Breach Law
Immigration Law
Benefits Issues: Health Care Reform Law and ERISA Developments

This year's half-day program will also include an update from one of the Commissioners of the Massachusetts Commission Against Discrimination (MCAD):

Martin Ebel - Commissioner, MCAD

For more information related to this event, please contact Natalie Shaw.

Tech Talk Tuesday

Tue, 16 Oct 2007 23:10:41 EDT

The advent of global supply chains, the impact of outsourcing/insourcing and the ubiquitous growth of technology all have created a flattening of corporate operations. Whether a company is in-bounding or out-bounding its technology, positioning your company for international competition and expansion is a critical business issue today.

Conversaton for Start Ups: Leadership Transitions

Fri, 21 Sep 2007 10:59:20 EDT

Leadership in a startup often is the company's best asset. However, the company's need for leadership change with time, and success in the marketplace ironically often can lead to failures in management. Key skills evolve from shaping vision to mastering execution, recruiting employees to retaining them, and selling early adopters to persuading a more conservative majority. Failing to evolve the management team can lead to unneccessary failure as well as to divisions among stakeholders that often result in one or more founders being shown the door.

ACC Annual Meeting '08

Fri, 05 Sep 2008 17:05:49 EDT

Foley Hoag is a proud Gold Sponsor of the ACC's 2008 Annual Meeting. Visit our booth on the exhibition floor, and attend sessions featuring Foley Hoag lawyers.

Session 113: In-house Counsel as Circus Ringmaster, on Monday, October 20 from 11:00 a.m.-12:30 p.m. Michael Keating from Foley Hoag will join this panel in the Global/International Legal Affairs program track.
Session 202: The Tricks & Traps of Corporate Intrapreneurship & Entrepreneurial Investment: Getting the Most Out of a New Business, on Monday, October 20 from 2:30-4:00 p.m. This program will be moderated by Foley Hoag Partner Peter Rosenblum and will be presented as part of the Small Law Department track.

Stay tuned to this page for more information on what Foley Hoag has planned for ACC's 2008 Annual Meeting.

Transgender Discrimination

Wed, 31 Dec 2008 16:29:03 EDT

Millett v. Lutco, Massachusetts Commission Against Discrimination Docket # 98-BEM-3695 (June 27, 2008 Decision of Hearing Officer Betty E. Waxman)

In the first ever case of transgender discrimination and harassment before the Massachusetts Commission Against Discrimination (the "MCAD"), we obtained a dismissal of all claims against our client Lutco. The dismissed claims were brought by a former employee, Charlegne Millett, who underwent a transition from male to female during her employment as a Quality Engineer at Lutco. Millett claimed that she was demoted and later terminated because she is transgendered; that she was subjected to gender-based harassment by coworkers and a supervisor; and that Lutco retaliated against her because she complained about harassment and discrimination. After hearing from nine witnesses over the course of a seven day public hearing, Hearing Officer Waxman found that all of Millett's claims against Lutco were meritless and made affirmative findings that Lutco treated Millett with respect and support before, during and after her on-the-job transition from male to female. In particular, Hearing Officer Waxman found that the evidence demonstrated a supportive, not hostile, working environment at Lutco; that Millett's demotion and her termination two years after she disclosed her transgender status were motivated by Millett's desire to leave Lutco for a career as a nurse; and that there was no evidence Millett was retaliated against for raising allegations of discrimination and harassment.

Foley Hoag - Labor and Employment Law

Foley Hoag Congratulates its Rising Stars

Chambers 2007 Ranks Foley Hoag in Leading Practice Areas

On the Agenda: Law and the Environment, Financing Growth, and Non-Competes—Foley Hoag Launches Three New Blogs

Best Lawyers in America Names 27 Foley Hoag Lawyers to 2010 Guide

Foley Hoag's Young Lawyers 'Rising' To The Top

Foley Hoag Launches New Identity and Integrated Marketing Campaign

Foley Hoag Lawyers in Chambers USA 2010

24 Foley Hoag Lawyers Recognized in The Best Lawyers in America® 2007

Cramer Completes Launch of FoleyHoag.com

Foley Hoag Names Three New Partners

Foley Hoag Lawyers Included in Massachusetts Super Lawyers 2006

Foley Hoag Selected as one of 2007 Top 100 Law Firms for Diversity

Foley Hoag Selected as one of 2008 Top 100 Law Firms for Diversity

Foley Hoag Joins American Lawyer's Select Group of Top 50 A-List Firms

Foley Hoag LLP Ranks Among Nation’s Best In 2005

Foley Hoag Launches New Microsite for Law Students as 2009 On-campus Interviews Commence

Massachusetts Wage and Hour Laws: What Every Manager Needs to Know

Cynthia Lewiton Jackson, Former Global Director of Career Development at Bain & Company, Joins Foley Hoag

Foley Hoag Government Strategies Practice Gears up for 2009 Activity

Chambers USA 2008 Ranks Foley Hoag in Leading Practice Areas

Working Mother and Flex-Time Lawyers Recognize Foley Hoag

Foley Hoag LLP Attorneys Designated as "Leaders in their Field" by Chambers USA

Human Rights Campaign Releases Corporate Equality Index, Names Foley Hoag Among Top Firms for Second Consecutive Year

Now’s the Time:Foley Hoag Forms Economic Crisis Team

Chambers 2009 Ranks Foley Hoag in 13 Leading Practice Areas

Foley Hoag LLP Receives Rankings, Including Leading Environmental Firm in Massachusetts for Second Year

Foley Hoag Congratulates Rising Stars

Supreme Court Allows “Me, Too” Evidence in Discrimination Cases

Recent Supreme Court Decision Establishes Greater Scrutiny of Benefits Determinations by Employers with Dual Role of Making Benefits Determinations and Paying Out Benefits

Supreme Judicial Court Holds That Skycaps Were Entitled To Baggage Fees Charged By Airline

USCIS Issues Rule Clarifying the Deadline for FY 2009 H-1B Petition Filings

MCAD Clarifies Position Regarding Application of the Massachusetts Maternity Leave Act to Fathers

New Immigration Enforcement Efforts Aimed at Employers

Supreme Judicial Court Establishes New Standard for Punitive Damages Awards in Discrimination Cases

Massachusetts Issues Comprehensive Data Security Regulations

Pension and Disability Plan’s Eligibility Rules Did Not Violate the ADEA

Hatch-Waxman Safe Harbor Inapplicable to Research Tools

EEC Perspectives - March 2009

Massachusetts Attorney General Issues Advisory on Independent Contractor Law

Employment Bulletin - May 22, 2006

Funding opportunities in the American Recovery and Reinvestment Act of 2009 and the Serve America Act

Supreme Judicial Court Holds That Worker Misclassified As Independent Contractor Is Entitled to Damages, Despite Being Paid More than Comparable Employees

Supreme Court Holds That A Formal EEOC Charge Is Not A Prerequisite to Filing Suit under the ADEA

First Circuit Holds That Employer’s Shifting Explanation for Termination Was Sufficient to Raise Jury Question in Age Discrimination Case

Employment Bulletin - February 19, 2008

Fair Labor Standards Act Amended to Require Breaks for Nursing Mothers

Employment Bulletin - April 5, 2005

The Foley Hoag Foundation 2007 Annual Report

Employment Bulletin - August 18, 2005

Employment Bulletin - August 19, 2010

Employment Bulletin - January 14, 2008

Immigration Alert - April 4, 2006

Ten Tips For Hiring Without Getting Sued

Appeals Court Limits The Scope of Lilly Ledbetter Fair Pay Act

Employment Bulletin - August 31, 2007

EEC Perspectives - January 2009

Employment Bulletin - September 5, 2007

U.S. Supreme Court Adopts The Plan Document Rule for ERISA Plans

Employment Bulletin - August 23, 2006

Employment Bulletin - May 4, 2007

Employment Bulletin - May 28, 2010

Employment Bulletin - March 3, 2010

Employment Bulletin - April 18, 2006

New H-1B Filings for FY 2011 Begin April 1st

Proposed Regulation Would Require Federal Contractors to Notify Employees of Their Rights Under Federal Labor Laws

Employment Bulletin - August 6, 2007

EEC Perspectives - February 2009

Employment Bulletin - August 17, 2010

Court of Appeals for the First Circuit Interprets The Whistleblower Provision of Sarbanes-Oxley

EEC Perspectives - October 2008

Employment Bulletin - April 6, 2010

U.S. Supreme Court Bars Parties From Expanding the Scope of Judicial Review of Arbitration Awards

Employment Bulletin - August 20, 2010

Economic Crisis Team Datasheet

Travel to the United States in 2009 May Become More Complicated for Some Foreign Citizens

Employment Bulletin - July 18, 2006

Recent Changes by USCIS Impacting Various Foreign National Employment

Massachusetts Form PC: Notice of Increase in Minimum Threshold for Reviewed Financial Statements

The New Stimulus Package Creates Premium Subsidy for COBRA Continuation Coverage

Now’s the Time:
Foley Hoag Forms Economic Crisis Team