On August 10th, Elon Musk made national headlines due to a lawsuit that Business Today heralded as “Former Twitter executive sues Elon Musk's X for $20 million in unpaid shares.” The article reports...
Employment Law
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America©
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, Marcia Wagner, Thomas Clark, Jr., Andrew Oringer, Harold...
Retirement Industry People Moves
Retirement Industry People Moves - Denise Chicoine, Edward Englander and Bill Hoch, planadviser, August 2, 2024 (PDF)
Three Senior Attorneys Join the Boston Office of The Wagner Law Group
We are proud to announce that Denise Chicoine, Edward Englander and Bill Hoch have joined our firm as Partners in our Boston office. The breadth and depth that they add to our firm in their areas of...
Key Employee Incentives: From Design to Implementation
Key Employee Incentives: From Design to Implementation - Mark Poerio, panelist, CPAAcademy.org webinar, July, 10, 2024, 4;00 - 5:00 PM (EDT) - Click here for details and registration
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban - Katherine Brustowicz, FUNDfire, June 12, 2025 (PDF)
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now - David Gabor and Katherine Brustowicz, The Wagner Law Group free webinar, June 25, 2024, 1:00 - 1:30 PM (EDT) - Click here...
DOL Releases Final Rule Revising FLSA Overtime Regulations
By Virginia Peabody (Senior Consultant) and Cassandra White (Paralegal) On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing...
Important Takeaways For Employers Following The EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)
By Katherine Brustowicz, David Gabor, and Johanna Matloff Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June...
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules - David Gabor and Katherine Brustowicz, Rethinking65, May 7, 2024 (PDF)
Ban on Non-Competition Agreements – What Employers Need to Know and Do Now
Introduction: On April 23, 2024 the U.S. Federal Trade Commission (FTC) approved a proposed final rule which bans new non-competition clauses in employment contracts for most workers across the...
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting - Johanna Matloff, The Wagner Law Group Free Webinar, May 14, 2024, 1:00 - 1:30 PM (EDT) -...
Unpacking the New Independent Contractor Final Rule and Employee Classification: Steps Employers Can Take
The U.S Department of Labor has revised its guidance regarding the classification of workers as employees or independent contractors. In addition, there have been developments affecting the...
California’s Expanded Non-Compete Ban Has National Reach
California’s Expanded Non-Compete Ban Has National Reach - David Gabor, Rethinking65, February 21, 2024 (PDF)
California Further Tightens Restrictions on Non-Compete Clauses
California Further Tightens Restrictions on Non-Compete Clauses - David Gabor, PLANADVISER, February 9, 2024 (PDF)
California Restricts Non-Compete Agreements
By David Gabor Over the years, California has taken steps to prevent employers from forcing employees to enter into non-compete agreements that limit an employee’s ability to obtain subsequent...
Workers Poised to Get Benefits as Rule Creates ‘Employees’
Workers Poised to Get Benefits as Rule Creates ‘Employees’ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
Developments at the EEOC: What This Means for You
Developments at the EEOC: What This Means for You - David Gabor, The Wagner Law Group free webinar, November 1, 2023, 1:00 - 1:45 PM (EDT) - Click here for recording
11 Attorneys from The Wagner Law Group to be Recognized in 2024 Edition of The Best Lawyers in America©
Boston, MA, August 17, 2023 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that 11 of its attorneys will be recognized...
The Pregnant Workers Fairness Act (PWFA): What Employers Need to Know Before Summer 2023
By Katherine Brustowicz and David Gabor Introduction: It has long been the law that Title VII, the Age Discrimination in Employment Act (ADEA), and the Family Medical Leave Act (FMLA) protect...
Legally Navigating Workplace Disability and Religious Accommodations
Legally Navigating Workplace Disability and Religious Accommodations - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group webinar, May 31, 2023, 1:00 - 1:45 PM (EDT) - Click here...
Massachusetts Human Resource Law Boot Camp
Massachusetts Human Resource Law Boot Camp - Katherine Brustowicz, panelist, National Business Institute (NBI), live online seminar, May 5, 2023 9:00 AM - 4:30 PM (EDT)- Click here for details
The Wagner Law Group Ranked Among the Largest Women-Owned Businesses in Massachusetts
The Wagner Law Group Ranked Among the Largest Women-Owned Businesses in Massachusetts - March 15, 2023
The Largest Women-Owned Businesses in Massachusetts
The Largest Women-Owned Businesses in Massachusetts - Boston Business Journal, February 24, 2023
Rule Proposes Removing Moral Exemption to Contraception Mandate
Rule Proposes Removing Moral Exemption to Contraception Mandate - Marcia Wagner, SHRM, January 30, 2023 (PDF)
Free Webinar – Quiet Quitting and Quiet Firing: Is It Happening at Your Company
Quiet Quitting and Quiet Firing: Is It Happening at Your Company? - The Wagner Law Group webinar, panelists David Gabor, Katherine Brustowicz, February 22, 2023, 1:00 - 1:45 PM (EST) - Click here...
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation - Marcia Wagner, PLANADVISER, January 9, 2023 (PDF)
Free Webinar: Dealing with Difficult Employees
Dealing with Difficult Employees - David Gabor and Katherine Brustowicz, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST). CLICK HERE FOR RECORDING Georgina has been having...
Top 100 Women-Led Businesses in Massachusetts
Top 100 Women-Led Businesses in Massachusetts - Boston Globe, October 28, 2022 (PDF)
Challenging Unemployment Compensation Benefits: When Is It Worth It?
Challenging Unemployment Compensation Benefits: When Is It Worth It? - Katherine Brustowicz, SHRM, September 16, 2022 (PDF)
Wage and Hour Updates for Maine, New York, and New York City
By Katherine Brustowicz, David Gabor, Virginia Peabody I. Maine – Mandatory Vacation Payout Upon Separation from Employment Maine will follow Massachusetts’ lead in implementing mandatory vacation...
Mandated Benefits: 2022 Compliance Guide Mid-Year Update
Mandated Benefits: 2022 Compliance Guide Mid-Year Update – Katherine Brustowicz, Dannae Delano, David Gabor, Virginia Peabody, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer,...
Employers Providing Abortion Benefits Should Address Compliance Questions
Employers Providing Abortion Benefits Should Address Compliance Questions - Roberta Watson, SHRM, June 29, 2022 (PDF)
WEBINAR: Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA
Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA Successfully navigating the intersection of leave laws, particularly with respect to FMLA and ADA leave, is a daunting...
Rhode Island Employment Law 2022
Rhode Island Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More National Business Institute (NBI) Live Online Seminar May 26, 2022...
Mandatory Arbitration Prohibited for Sexual Harassment Claims
On February 7, 2022, the House passed H.R. 4445, three days later the Senate also passed the measure, and President Biden has just signed the bill into law. H.R. 4445, titled Ending Forced...
409A Checklist for Employment Agreements
It has been over 15 years since Congress enacted Internal Revenue Code §409A, and compliance has become generally routine for traditional deferred compensation and other non-qualified plans. Most...
New York is About to Force a Lot of Insurer Salary Data Into the Open
New York is About to Force a Lot of Insurer Salary Data Into the Open – Katherine Brustowicz, Life Annuity Specialist, February 4, 2022
FREE WEBINAR: Top HR & Employment Law Issues for the Coming Year
RECORDING AVAILABLE BY CLICKING HERE Please join David Gabor and Katherine Brustowicz, with introduction by Marcia S. Wagner, on January 26, 2022, for a one-hour presentation addressing...
Prepare for Shot-or-Test Mandate Inspections
Earlier this week a Federal Court panel revived the Covid-19 emergency temporary standard (ETS). Now, litigation challenging the emergency shot-or-test mandate is making its way to the United States...
Mini Law School for Massachusetts HR Professionals
Mini Law School for Massachusetts HR Professionals- - David Gabor and Katherine Brustowicz, panelists, National Business Institute live, online, HR-credit and CPE-credit seminar, November 1, 2021,...
How to Legally Handle Bad Egg Employees
How to Legally Handle Bad Egg Employees - Katherine Brustowicz, panelist, National Business Institute live, online, HR-credit seminar, December 22, 2021, 11:00 AM - 6:00 PM (EST) - Register here
Merging Global and Local U.S. HR Functions and Outsourcing Initiatives
Merging Global and Local U.S. HR Functions and Outsourcing Initiatives - David Gabor, Lorman HR-credit webinar, October 13, 2021, 1:00 - 2:00 PM (EDT) - Click here for details
What Employers Need to Know About Biden’s COVID-19 Action Plan and Vaccine Mandate
President Biden recently issued a six-pronged action plan that requires vaccines for employees of federal contractors and employers with 100 or more employees, and an executive order requiring all...
Best Practices for Promoting a Positive Work Environment for Multigenerational Workforces
Recording available here
How to Ensure Pay Equity for People of Color
How to Ensure Pay Equity for People of Color - David Gabor, SHRM HR Magazine, Spring 2021, March 11, 2021
Staying One Step Ahead: Advice for Employers in Addressing Anticipated Biden Administration Actions in the Employment Arena
Recording Available Here
Update to Connecticut Paid Family Medical Leave Act
Our January 6, 2021 law alert, An Overview of New Laws Impacting Employers in 2021, indicated that the Connecticut Paid Family Medical Leave Act (PFMLA) is effective July 1, 2021. The Connecticut...
Significant Changes to Payroll Protection Program Made Under Consolidated Appropriations Act, 2021
One of the significant components of last year’s Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was the Payroll Protection Program (“PPP”) which was intended to provide relief for...
An Overview of New Laws Impacting Employers in 2021
As we usher in 2021, we should be mindful of new laws impacting the employer-employee relationship. Changes include increases to state minimum wage rates, the end of mandated FFCRA leave,...
Equal Employment Opportunity Commission Issues Guidance Regarding COVID-19 Vaccinations
On December 16, 2020, the Equal Employment Opportunity Commission (the “EEOC”) updated and expanded its technical assistance publication by adding a new section about how required COVID-19...
Hiring and Promotions: Tips To Help Employers Avoid Legal Minefields
Recording Available Here
Federal Contractors and Diversity and Inclusion Training
On September 22, 2020, President Trump issued an Executive Order (the “Order”) stating that companies doing business with the federal government (“Federal Contractors”) are barred from promoting...
Do Employers Need COVID-19 Waivers?
Employers who are considering resuming their operations (or employers who have already resumed operations) should consider the benefits of putting in place a COVID-19 waiver for employees and...
Independent Analysis of EEO-1 Component 2 Pay Data
On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it is funding an in-depth statistical analysis on the EEO-1 Component 2 pay data collected for FY 2017 and...
How Employers Can Create Effective Diversity and Inclusion Initiatives
Recording available here
Roundtable Discussion on Effective Work-Related Communication
Recording available here
Paycheck Protection Program Flexibility Act of 2020 Passes Senate
by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Paycheck Protection Program (“PPP”), which was enacted as part of the CARES Act, allows businesses to borrow funds that are guaranteed...
Employee Retention Tax Credit Under the CARES Act
by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Families First Coronavirus Response Act (the “FFCRA”) established tax credits under the Emergency Paid Sick Leave Act and the Emergency...
Return-To-Work: Creating a Viable Playbook
Recording available here
Reducing Legal Risk: Protecting Against Claims Stemming from COVID-19
Recording available here
Don’t be a Stranger: Communicating During COVID-19
Don't be a Stranger: Communicating During COVID-19 - David Gabor and Judy Rakowsky, The Wagner Law Group FREE Webinar, April 14, 2020, 1:00 PM (ET) - Recording available here
Managing From Afar: Effectively Adapting to Telework
One of the realities created by the COVID-19 pandemic is that more employees are working remotely than ever before. This change raises legal and business issues that have caught many companies off...
The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions
by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The...
Planning and Implementing a Temporary Layoff in the Age of COVID-19
During these uncertain times, layoffs, both long term and temporary, are on the rise. Naturally, it is very important for employers to plan layoffs carefully, even when they must be implemented...
The Families First Coronavirus Response Act
by Roberta Watson, Barry Salkin and Virginia Peabody Effective no later than April 2, 2020, the Emergency Paid Sick Leave Act (the “Sick Leave Act”) and the Emergency Family and Medical Leave...
Five Steps to Help Avoid Mistakes in Light of COVID-19
Allowing employees to telecommute is an excellent accommodation. While this option supports continued business productivity, be sure to properly track the time worked so that you do not expose your...
10 Steps Employers Should Follow When Faced With Requests for Leave or Accommodation
Recording available here
#METOO in Medicine
#METOO in Medicine -David Gabor, American Medical Association, January 20, 2020
The Change in the Equal Pay Landscape and its Impact on Employers
On December 6, 2019, the Second Circuit held that an employee does not have to show that she received less pay for equal work in order to prevail in an unequal pay claim. Instead, she only has to...
Mandated Benefits 2020 Compliance Guide
Mandated Benefits 2020 Compliance Guide - Katherine Brustowicz, Dannae Delano, David Gabor, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer, December 2019
EEO-1 Component 2 Data Collection Reinstated, Again
In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOC’s self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of...
DOL Finalizes Overtime Rule
The U.S. Department of Labor finalized its overtime rule which will become effective on January 1, 2020. Notably, the DOL increased the threshold for the FLSA overtime exemption from $23,660 to...
EEO-1 Report Update – Component 2 Data Filing Deadline Quickly Approaching
Earlier this year the EEOC announced it would reinstate the collection of EEO-1 Component 2 data, thus requiring employers to submit pay data broken own by job category, sex, race, and ethnicity....
Sweeping Changes to Connecticut’s Sexual Harassment Laws Will Have a National Impact
Connecticut recently made several noteworthy changes to its sexual harassment laws designed to help eliminate harassment, prevent retaliation against claimants and expand protection when claims are...
Dramatic Changes to New York’s Harassment Prevention Law
It is now much easier for employees in New York to assert claims of workplace harassment. In the past, in order to bring a claim of workplace harassment in New York, employees were required to...
Being Smart About M&A-Related Benefit Plan and Employment Issues
Recording available here
Update on Requirement to Report EEO-1 Wage and Hour Data
As previously reported in our Alert published on March 7, 2019, a federal judge has ordered the EEOC to provide guidance regarding the collection of wage and hour data ("Component 2 data"). On...
Massachusetts Issues Proposed Regulations and Toolkit for Paid Family and Medical Leave Act
On March 29, 2019, the Massachusetts Department of Family and Medical Leave (“DFML”) re-issued draft regulations on the Massachusetts Paid Family and Medical Leave Act (“PFML”). DFML will hold at...
SJC Rules That Workers at Whately Farm Entitled to Overtime Pay
SJC Rules That Workers at Whately Farm Entitled to Overtime Pay - David Gabor, Daily Hampshire Gazette, March 15, 2019
EEO-1 Pay Data Collection Requirement Reinstated – OMB’s Stay Vacated
In September 2016, the Equal Employment Opportunity Commission ("EEOC") expanded its collection efforts to include summary W-2 pay data and total hours worked by race, ethnicity, and gender from...
New York State’s New Employment Discrimination Law: GENDA
On February 24, 2019, New York state's Gender Expression Non-Discrimination Act ("GENDA") went into effect. GENDA prohibits all employers with four or more employees from discriminating against...
Reminder for Massachusetts Employers: If You Care about your Noncompete…
There is generally a gnashing of teeth when a key employee leaves for a competitor, and that gnashing may evolve into weeping when an employer finds that its noncompetition protections are...
EEOC Delays Filing Due Date
The Equal Employment Opportunity Commission ("EEOC") announced that it has delayed the filing due date for the EEO-1 Report. The EEO-1 Report is a compliance survey mandated by federal statute and...
Is the Partial Government Shutdown Affecting Your Company?
As the partial federal government shutdown continues, more companies are being affected, directly and indirectly, and business owners, executives and human resources professionals need to be very...
Holiday Parties: Celebrate Safely!
Recording available here
Preeminent Boston-Based Law Firm Expands its Litigation and Labor, Human Resources & Employment Law Practices With the Addition of Katherine Brustowicz
Preeminent Boston-Based Law Firm Expands its Litigation and Labor, Human Resources & Employment Law Practices With the Addition of Katherine Brustowicz - October 16, 2018 West
The Pendulum Has Swung in Response To #MeToo
Much has been written about the #MeToo movement over the past several months, and, justifiably, this will continue to be the case until such time as sexual harassment is no longer plaguing our...
Identifying, Securing, Developing, and Managing Great Talent
Identifying, Securing, Developing, and Managing Great Talent – David Gabor, webinar co-panelist, September 5, 2018 - Watch the presentation here
Seeking Younger Advisors? Don’t Break Age Discrimination Laws
Seeking Younger Advisors? Don't Break Age Discrimination Laws - David Gabor, Financial Advisor, August 30, 2018
Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants
Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants – David Gabor and Mark Poerio, Webinar, August 28, 2018, 12:00 PM – 1:00 PM...
A Penny Wise And a Pound Foolish: Lessons Learned from the Sixth Circuit Court of Appeals
Equal Employment Opportunity Commission v. Dolgencorp, LLC, d/b/a Dollar General Corporation serves as a critical lesson of what can happen when managers are not properly prepared. The Sixth Circuit...
Court Rejects Severance Pay Claim of Employee Terminated for Refusing Transfer
The D.C. Circuit Court of Appeals (the "D.C. Circuit"), in Peck. v. SELEX Systems Integration, Inc., has affirmed a district court's judgment that a terminated employee was not eligible for...
Don’t Overlook Age Discrimination: Lessons Learned from the EEOC’s Report
The Equal Employment Opportunity Commission ("EEOC") recently issued a report about age discrimination that reads like a wake-up call. Essentially, 50 years have passed since the passage of the Age...
Workplace Sexual Harassment: New York Sets The Standard That Others Should Follow
Accounts of workplace harassment involving employees, entertainers, athletes, and students has been well-publicized in 2018. This publicity has led to the widely-known "#MeToo movement." Some states...
Morgan Stanley Complex Manager Exits After Allegations ($)
Morgan Stanley Complex Manager Exits After Allegations ($) - David Gabor, FUNDfire (A Financial Times Service), July 12, 2018
“Grand Bargain” Minimum Wage Increase in Massachusetts
Massachusetts has enacted a "grand bargain" minimum wage law that will gradually increase the state's minimum wage from $11 per hour to $15 over the next five years. Simultaneously, it will phase...
How to Best Manage Sexual Harassment in Medicine?
How to Best Manage Sexual Harassment in Medicine? - David Gabor, MedPage Today, June 10, 2018
10 Ways to Protect Against Sexual Harassment in the Workplace
10 Ways to Protect Against Sexual Harassment in the Workplace - David Gabor, Think Advisor, March 15, 2018
Sexual Harassment: What You Need to Know to Protect Your Company and Your Employees
Watch David's Presentation here
Department of Labor to Pilot Self-Reporting Wage Violation Program
The Department of Labor's Wage and Hour Division (WHD) has announced a new program that seeks to improve the often lengthy and difficult resolution process following an employer's violation of the...
Medicine must address #MeToo moment—and beyond
Medicine must address #MeToo moment—and beyond - David Gabor, AMA Wire, June 11, 2018
Office Holiday Parties: A Time For Cheers, Not Tears
Office Holiday Parties: A Time For Cheers, Not Tears - David Gabor, Employment Law Webinar, November 19, 2015 - View David Gabor's presentation here
Top Ten Lessons Learned from American Apparel
Marcia Wagner Welcomes Stephen Rosenberg to the Wagner Law Group & Names David Gabor as Partner
Marcia Wagner Welcomes Stephen Rosenberg to the Wagner Law Group & Names David Gabor as Partner, July 21, 2014
Mergers & Acquisitions: A Checklist from the Employment & Benefits Law Perspective
View the presentation here
Attorney David Gabor Named a Fellow in the Litigation Counsel of America
Attorney David Gabor Named a Fellow in the Litigation Counsel of America, November 27, 2012
How Changes in Leave Laws Impact Employers
View David Gabor's Webinar here
The Wagner Law Group Expands Practice into Employment Law
The Wagner Law Group Expands Practice into Employment Law, August 8, 2011