About Abigail Bertheaud

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So far Abigail Bertheaud has created 26 blog entries.

Ban-The-Box Law Further Limited

2018-05-25T17:04:29+00:00 May 25th, 2018|Categories: Human Resources Compliance, Laws & Regulations, Mary E. (Beth) O'Neal|

Massachusetts recently enacted sweeping criminal justice reform. Included among the reformed laws is a further limitation on information an employer may seek from applicants regarding their criminal history. These changes become effective October 13, 2018 and enhance the protections for employees that became effective when Massachusetts amended its CORI (Criminal

An Epic Day: Employers May Require Class Action Waivers In Mandatory Employment Agreements

2018-05-22T16:46:10+00:00 May 22nd, 2018|Categories: Alexis P. Theriault, Discrimination & Harassment, FLSA, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, Litigation, MCAD & EEOC, Regulatory Compliance, Wage & Hour|Tags: |

Depending on your perspective, the Supreme Court’s decision yesterday in Epic Systems Corp. v. Lewis provided much-needed certainty to employers or dealt a serious blow to employees. The vote was 5 to 4, and the Court’s newest justice, Neil Gorsuch, authored majority decision joined by the so-called conservative justices. That

Preparing for the Massachusetts Pregnant Workers Fairness Act — Effective April 1, 2018

2018-03-19T16:16:42+00:00 March 19th, 2018|Categories: Accommodation of an Employee’s Pregnancy, Human Resources Compliance, Kathleen O'Toole, Laws & Regulations, PWFA|

The Massachusetts Pregnant Workers Fairness Act (the “Act”) goes into effect on April 1, 2018 and has immediate implications for all Massachusetts employers who employ six or more employees. Broadly speaking, the Act amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, and prohibits discrimination on the

  • Equal Pay

Overview of Formal Guidance on Amendments to Massachusetts Equal Pay Act

2018-03-05T23:31:06+00:00 March 5th, 2018|Categories: Andrew R. Dennington, Human Resources Compliance, Laws & Regulations, Wage & Hour|

On March 1, 2018, the Massachusetts Attorney General’s Office issued its formal Guidance on the amendments to the Massachusetts Equal Pay Act (MEPA) taking effect on July 1, 2018. These amendments represent a significant change in the law, and employers will want to take prompt steps to determine if their pay practices

Attorney General Issues Guidance on Massachusetts Pay Equity Legislation

2018-03-02T19:18:57+00:00 March 2nd, 2018|Categories: Alexis P. Theriault, Human Resources Compliance, Laws & Regulations, Wage & Hour|

We reported previously about the unprecedented changes to the Massachusetts Equal Pay Act that become effective on July 1, 2018. The new law provides more clarity regarding what constitutes unlawful wage discrimination and adds additional protections to promote greater fairness and equity in the workplace.

Employees need to do more than just whistle at work: Supreme Court requires whistleblowers to report to SEC to be protected by Dodd-Frank

2018-02-28T15:47:48+00:00 February 28th, 2018|Categories: Daniel Fishman, Human Resources Compliance|Tags: , , |

On February 21, 2018, the Supreme Court of the United States narrowed the universe of whistleblowers who are protected by the powerful anti-retaliation provisions within the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

Massachusetts Bill Aims to Bar Waivers of Rights Related to Harassment, Discrimination, and Wage and Hour Claims in Employment Contracts

2018-02-28T20:55:41+00:00 February 22nd, 2018|Categories: Catherine M. DiVita, Discrimination & Harassment, Human Resources Compliance, Laws & Regulations, Wage & Hour|Tags: |

Waivers of rights arising from harassment and discrimination claims and disputes over wages and benefits may not be enforceable in Massachusetts for much longer.

Board Members and Investors Not Subject to Personal Liability Under Massachusetts Wage Act

2018-02-07T17:23:04+00:00 February 7th, 2018|Categories: Alexis P. Theriault, Julie M. Muller, Laws & Regulations, Wage & Hour|

In the last days of 2017, the Massachusetts Supreme Judicial Court (“SJC”) gave board members and investors of corporations and LLCs some cause for celebration. In Segal v. Genitrix, LLC, SJC-12291 (Mass. Dec. 28, 2017), the Court held that board members and investors cannot be held personally liable for their

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