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

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, medical marijuana|

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

June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws and 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U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the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

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

7th Circuit Extends Title VII Anti-Discrimination Protections to Claims Based on Sexual Orientation

April 6th, 2017|Categories: Discrimination & Harrassment, Thomas J. Gallitano|

In a groundbreaking decision, the 7th Circuit Court of Appeals extended Title VII protections against sex discrimination to LGBT plaintiffs. Prior to this decision, the provision prohibiting discrimination based on sex was narrowly interpreted and did not extend to issues of sexual orientation. In a decision earlier this week the court expanded the provision of

Minimum Wage in Massachusetts Increases to $11.00 per hour on January 1, 2017

December 30th, 2016|Categories: Wage & Hour|

On January 1, 2017, the minimum wage in Massachusetts will increase to $11.00 per hour. This increase will occur as a result of the minimum wage increase passed by the Massachusetts Legislature in July of 2014.Under the new law, all employees in Massachusetts must be paid a minimum of $11.00 per hour, including tipped employees.

Alert: Revised Form I-9 Now Available

December 12th, 2016|Categories: Human Resources Compliance, Laws and Regulations, Mary E. (Beth) O'Neal|

On November 14, 2016 USCIS released a revised version of Form I-9, Employment Eligibility Verification. While employers may continue using Form I-9 with a revision date of 03/08/2013 N. through January 21, 2017, by January 22, 2017, employers must use the revised form. Form I-9 may be Downloaded for Easier Use The new Form

Will the Legalization of Marijuana Impact your Business?

November 30th, 2016|Categories: Daniel Fishman, Discrimination & Harrassment, Labor Law & NLRB, Thomas J. Gallitano, Uncategorized|

On November 8, 2016, Massachusetts voters approved Question 4 to legalize the possession and recreational use of marijuana. The ballot initiative passed by a 53.6% to 46.4% margin. The law comes into effect quickly: recreational use and possession of marijuana will be legal for adults 21 years old or older on December 15, 2016 while

Breaking News: Judge Prevents Overtime Rule Implementation Nationally

November 23rd, 2016|Categories: Daniel Fishman, FLSA, Thomas J. Gallitano|

On November 22, a federal district court judge in Texas issued a temporary injunction that prevents the Department of Labor’s overtime rule from going into effect nationally. The overtime rule would have raised the minimum yearly salary to qualify under the Fair Labor Standards Act’s (FLSA) white collar exemptions from $23,660 to $47,476. For an

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