Month: November 2016

Texas Court Enjoins DOL Regulations

As we wrote about, as of December 1, 2016, new Department of Labor Regulations were to have gone into effect that would have resulted in approximately 4.2 million more workers being entitled to overtime.   As we wrote about 21 states brought suit in a Texas federal court to stop the implementation of those new regulations.  Yesterday, a Texas District Court Judge, who happened to have been appointed by President Obama, granted a nationwide preliminary injunction blocking implementation of the rule that doubled the required salary level to qualify for the Fair Labor Standards Act’s “white collar exemptions.”  As a result, the salary required to be paid to an employee to be treated as “white collar exempt” will remain at $455/week and will not be increased to $913/week.

Many employers had already prepared for the new regulations by identifying workers affected by the new rule and determining how to address the change.  Many employers gave employees raises to new salary level, hired new employees to limit overtime worked, and implemented the fluctuating workweek method of overtime calculation.  If an employer has already communicated those changes, it will be difficult to undo them. 

Employers who did not plan for the change can breathe a sigh of relief.  That relief, however, may be temporary as the Department of Labor is likely to appeal the decision to the Fifth Circuit Court of Appeals.  If the decision is reversed by the Fifth Circuit, and the employer is not in compliance with the new regulations, a difficult scenario arises:  does the reversal of the injunction mean the effective date of the regulations will be made retroactive to December 1, 2016? 

What Does Legal Marijuana Mean for Massachusetts Employers?

Yesterday, Massachusetts voters approved a law permitting recreational use of marijuana by a margin of 53.6 percent to 46.4 percent.   Numerous employers have asked how this impacts the workplace.  Are employees entitled to utilize recreational marijuana at work or on a break?  Do employers have to allow for marijuana use as an accommodation to a disability?  Can employers no longer enforce drug/alcohol-free workplace policies as they relate to marijuana?

Thankfully, the 12-page statute provides clarity for employers wondering how this affects the workplace in Section 2(e):

(e) This chapter shall not require an employer to permit or accommodate conduct otherwise allowed by this chapter (i.e. the use of recreational marijuana) in the workplace and shall not affect the authority of employers to enact and enforce workplace policies restricting the consumption of marijuana by employees.    

This section makes clear that employers will not have to allow marijuana use in the workplace and will still be able to enforce a drug-use policy that restricts the consumption of marijuana by employees. 

Employers who do not have a drug/alcohol-free workplace policy should have one.  Employers who have not updated their policies since the 2012 legislation legalizing medical marijuana should do so.  Please contact us if you would like assistance in drafting or reviewing workplace policies to be sure they comply with these laws.    

Christopher Hennessey recent won a Panel decision

Chris Hennessey recently won a panel decision with the World Intellectual Property Organization on behalf of a local organization in a trademark infringement dispute. A foreign company was operating a website under an infringing domain name. Based on the evidence we presented, the panel ruled in favor of our client and ordered the transfer of the infringing site.