McLane Middleton

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Published in the New Hampshire Business Review (10/20/22)

In January 2021, during the final days of the Trump Administration, the Department of Labor issued a new rule regarding the classification of employees and independent contractors for purposes of the federal Fair Labor Standards Act.  This rule, viewed by many as being more “employer friendly” than previous DOL policies, applies an

I recently wrote an article for New Hampshire Business Review on “What To Do if an OSHA Violation Arrives.”
Accidents happen.  It can happen to even the most safety-minded employers.  An employee falls from a ladder and breaks a bone.  A worker is injured on a piece of machinery.  Someone becomes ill after inhaling chemical fumes.  Any of these situations,

The Massachusetts law providing up to forty hours of paid sick leave to employees for COVID-related absences will expire on March 15, 2022 according to a notice issued by Executive Office for Administration and Finance on Monday.  The law, which was enacted in May 2021, was meant to be effective until April 1, 2022, or the exhaustion of a fund

On January 25, the Occupational Safety and Health Administration (“OSHA”) formally withdrew its Emergency Temporary Standard (“ETS”) on vaccinations, testing, and face coverings for large employers.  This decision follows the Supreme Court’s January 13 order blocking enforcement of the ETS.  While the Supreme Court’s action technically only stayed enforcement of the ETS pending further proceedings in the lower courts, the

Another year, another list.  I doubt anyone expected at the end of 2020 to still be talking about social distancing, mask wearing, and virtual holiday gatherings. Yet, here we are. In preparing to write this post, I thought about what we have written in the past about making resolutions, plans for new initiatives, and reinvigorating compliance efforts.  This year, my

President Joe Biden announced on September 9, 2021 a new rule requiring employers with at least 100 employees to mandate that their workers be vaccinated against COVID-19 or undergo weekly testing. The president also signed orders indicating that most federal employees and federal contractors, as well as most health care workers across the country, must be vaccinated.  Previously some private

Again, one of the mighty has fallen.  Super Bowl winner, ESPN commentator, and the highest paid coach in the NFL follows the path of Harvey Weinstein, Matt Lauer, Andrew Cuomo and so many others in losing his job, his reputation, and probably his career due to abhorrent behavior which remained under wraps for years.  The downfall came after the Wall

Houston Methodist Hospital was sued earlier this year by 117 unvaccinated employees.  The workers claimed that the hospital’s mandatory vaccination policy violated public policy because the vaccines at issue were approved by the FDA under an Emergency Use Authorization (EUA) rather than through the typical lengthier process.  The workers alleged that they were being forced to serve as human guinea