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Archive by tag: Foley Hoag LLPReturn

Unpaid Future Commissions Can Be Trebled under Massachusetts Wage Act, SJC Rules

In Massachusetts, a commission is a wage subject to the Wage Act when the amount of the commission “has been definitely determined and has become due and payable.” Accordingly, an employer’s failure to pay a commission which had not yet become due...By: Foley Hoag LLP
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Foley Hoag LLP | Feb 26,2020 |

FTC Increases Thresholds for HSR Filings and Interlocking Directorates and Adjusts Civil Penalties

On January 28, 2020, the Federal Trade Commission (FTC) announced its annual increase of the jurisdictional thresholds for pre-merger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) and for interlocking...By: Foley Hoag LLP
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Foley Hoag LLP | Jan 30,2020 |

Department of Labor Releases New, Narrow “Joint Employer” Rule

Last week, the U.S. Department of Labor (DOL) released the final version of its new “joint employer” rule. The rule limits the scenarios in which businesses will be treated as joint employers under the Fair Labor Standards Act (FLSA) and, therefore,...By: Foley Hoag LLP
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Foley Hoag LLP | Jan 23,2020 |

FLSA Clarifies What Counts as the “Regular Rate” of Pay for Overtime Calculations

Last week, the United States Department of Labor (“DOL”) announced a rule clarifying the types of compensation that should be included when determining an employee’s “regular rate” of pay for the purpose of calculating overtime pay under the federal...By: Foley Hoag LLP
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Foley Hoag LLP | Dec 23,2019 |

NLRB Loosens Two Restrictions on Work Rules

With its sole Democratic member’s term expiring as of December 16, 2019, the National Labor Relations Board issued a flurry of decisions this week in advance of her departure, including two decisions rolling back Obama-era restrictions on workplace...By: Foley Hoag LLP
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Foley Hoag LLP | Dec 21,2019 |

NLRB Announces New Union Election Procedures

In 2014, the Obama-era National Labor Relations Board made over two dozen changes to the union election rules that effectively shortened the time period between the filing of the petition and the election and limited the types of issues that could be...By: Foley Hoag LLP
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Foley Hoag LLP | Dec 17,2019 |

Union Organizes First Cannabis Shop in Massachusetts

In November 2019, United Food and Commercial Workers International Union (UFCW) became the first union to organize employees at a Massachusetts cannabis company. According to the Boston Globe, two-thirds of Sira Naturals, Inc.’s employees, who work...By: Foley Hoag LLP - Cannabis and the Law
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Delaware Chancery Court Rules That Merger Agreement Termination Fee Not Exclusive Remedy Where Seller Accepts Superior Offer in Violation of No-Shop

In a decision of great interest in the M&A world, the Delaware Chancery Court recently ruled that a termination fee is not the exclusive remedy for a seller that accepts a higher offer in breach of a no-shop provision. Genuine Parts Company v....By: Foley Hoag LLP
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Foley Hoag LLP | Nov 25,2019 |

Lessons Learned From The Greek Supervisory Authority’s PwC Decision on Employee Data Under GDPR

On 26 July 2019, the Greek Supervisory Authority (SA) found Pricewaterhouse Coopers (“PwC”) not compliant with General Data Protection Regulation (GDPR) in relation to the processing of its Greek employees’ personal data. The SA issued a €150,000...By: Foley Hoag LLP - Privacy & Data Security
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Supreme Court Set to Re-Evaluate Pleading Standards for Claims Alleging Breach of Fiduciary Duty of Prudence Under ERISA

On November 6, 2019, the Supreme Court will hear oral argument for Retirement Plans Committee of IBM v. Jander to expand on its “more harm than good” pleading standard articulated in Fifth Third Bancorp v. Dudenhoeffer. Both Dudenhoeffer and Jander...By: Foley Hoag LLP - White Collar Law &
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