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

First Circuit Recognizes Sexual Orientation as the “Plus” in “Sex-Plus” Discrimination Suit

2018-02-02T21:17:55+00:00 February 2nd, 2018|Categories: Anthony Bova, Discrimination & Harassment, Litigation|

The First Circuit has recognized for the first time that sexual orientation can be the “plus” in a “sex-plus” discrimination case. The facts upon which a Rhode Island federal district court jury (and ultimately the First Circuit) found gender discrimination premised on the “sex-plus” theory are vile. The plaintiff, a

Have your Employees Been “Weinsteined?” (As Now Defined in the Urban Dictionary)

2018-01-31T21:41:07+00:00 November 20th, 2017|Categories: Discrimination & Harassment, Human Resources Compliance, Laws & Regulations, Mary E. (Beth) O'Neal|

With all that is in the news recently about the alleged sexual harassment and sexual assaults perpetrated by Harvey Weinstein, and more perpetrators being identified weekly, our attention has been (or should be) re-focused on what employers can and should do to identify and respond to employee complaints of sexual

Massachusetts Pregnant Workers Fairness Act: What to Know and How to Prepare

2017-08-04T20:00:39+00:00 August 4th, 2017|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Julie L. Martin, Laws & Regulations, MCAD & EEOC|

On July 27, 2017, Massachusetts Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act (the “PWFA”) into law.  Massachusetts joined twenty-one states and Washington D.C. in providing protections to pregnant workers. The PWFA supplements Massachusetts employment discrimination law, by adding pregnant employees and employees with pregnancy-related medical conditions (including breastfeeding)

Massachusetts’ Highest Court Recognizes Employment Protections for “Qualifying Patients” under the Massachusetts Medical Marijuana Act

2017-07-25T14:52:48+00:00 July 18th, 2017|Categories: Accommodation of Employee’s Marijuana Use, Disability, Handicap Discrimination, Human Resources Compliance, Kathleen O'Toole, Mary E. (Beth) O'Neal, MCAD & EEOC|

In a case of first impression, the Supreme Judicial Court held that an employee who is a “qualifying patient” under the Massachusetts’ 2012 medical marijuana law (“An Act for the humanitarian medical use of marijuana”) (the “medical marijuana law”)  may pursue a claim for handicap discrimination under  the state’s anti-discrimination

Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

2017-07-25T14:41:58+00:00 June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws & Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Don’t Get Taken to the Bank: How to Respond to Employees Asking for Accommodations

2017-04-27T20:07:23+00:00 April 27th, 2017|Categories: Daniel Fishman, Disability|

An employer has obligations when one of its employees requests an accommodation. In the broadest sense, an employer must grant reasonable accommodations to employees who have disabilities as defined by either federal or state law. Even with this obligation, however, employers can refuse to grant certain accommodations on the grounds that it would cause

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