Supreme Court Rules in Favor of Prospective Employee in Religious Discrimination Case

In its recent Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. decision, the Supreme Court held that an employer may not deny employment to an individual for failure to abide by an employer policy, if the employer suspects the individual’s noncompliance is a result of a religious practice, unless accommodating that practice would cause an undue hardship. Continue reading

Massachusetts SJC Upholds Clearly Communicated No-Tipping Policies

The SJC’s recent Meshna v. Scrivanos decision largely approved a no-tipping policy challenged by employees under the state’s Tips Act (G.L. c.149, § 152A). That Act prohibits any employer from retaining tips or taking any deductions from a tip given to or for service or wait staff employees. Current and former Dunkin’ Donuts store employees alleged that franchisee Scrivanos violated the Act both in his implementation and enforcement of a no-tipping policy in 44 of his 66 Massachusetts stores. Continue reading

Massachusetts SJC Rules Cab Drivers Properly Classified as Independent Contractors

In Sebago v. Boston Cab Dispatch, Inc., licensed Boston taxicab drivers contended that being misclassified as independent contractors had deprived them of minimum wages, overtime pay, tips, and legal protections. On April 21, the Supreme Judicial Court disagreed, ruling that the drivers were properly classified as independent contractors. Continue reading

Supreme Court Sides with Pregnant Worker in Young v. UPS

In its recent Young v. United Parcel Service opinion, the Supreme Court developed a new framework for analyzing pregnancy discrimination in the workplace. Interpreting the Pregnancy Discrimination Act of 1978, the Court focused on the part of the law obligating employers to treat pregnant women the same as other employees with similar performance limitations. Continue reading

Supreme Court Holds that Mandatory Employee Security Checks are Non-Compensable under the FLSA

In the recent decision of Integrity Staffing Solutions, Inc. v. Busk, the United States Supreme Court unanimously held that pursuant to the Fair Labor Standards Act, employees need not be compensated for time spent waiting in line for, and undergoing, security screenings at the end of their shifts. In so doing, the Court rejected the employees’ argument that this time should be compensable because they were required to undergo these security screenings, and because the security screenings were entirely for the benefit of the employer.  Continue reading

New Hampshire DOL to Partner with U.S. DOL to Combat Employee Misclassification

On November 12, 2014, the United States Department of Labor announced that it has formed a partnership with the New Hampshire Department of Labor to share information and coordinate law enforcement efforts to combat the misclassification of employees as independent contractors. New Hampshire joins Massachusetts, Connecticut, and fourteen other states who have already entered into such partnerships. Continue reading