Recent SJC Decision Clarifies Plaintiff’s Evidentiary Burden On Summary Judgment In Employment Discrimination Cases

2017-01-13T17:39:45+00:00 March 29th, 2016|Categories: Discrimination & Harassment, Human Resources Compliance, Michael J. Rossi|

The Massachusetts Supreme Judicial Court (SJC) recently clarified the plaintiff’s evidentiary burden at the summary judgment stage of an employment discrimination case, in a decision which likely will make it easier for employees to get discrimination cases to a jury. In Bulwer v. Mt. Auburn Hospital, 46 N.E.3d 24 (Mass. 2016), the SJC held

Mass. State Senate Passes Social Media Privacy Protection Legislation

2017-01-13T17:12:56+00:00 January 6th, 2016|Categories: Human Resources Compliance, Michael J. Rossi, NLRB|

The Massachusetts state Senate recently passed a bill that prohibits employers from requiring employees or job applicants to disclose social media account information. The legislation now moves to the Massachusetts House of Representatives for consideration. If the bill ultimately passes into law, Massachusetts will join more than twenty other states that have passed laws protecting

Second Circuit Decision Upholds N.L.R.B Ruling On Protected Social Media Activity

2017-01-13T17:16:07+00:00 October 29th, 2015|Categories: Human Resources Compliance, Michael J. Rossi, NLRB|

A recent decision by the Second Circuit Court of Appeals may cause employers to think twice about disciplining employees for their social media activity. In Three D, LLC v. N.L.R.B., No. 14-3284, 2015 WL 6161477 (2d Cir. Oct. 21, 2015) the court affirmed a decision of the National Labor Relations Board (“NLRB” or “Board”), which

NLRB General Counsel Report Concerning Employee Handbooks

2017-01-13T17:20:12+00:00 July 9th, 2015|Categories: Human Resources Compliance, Michael J. Rossi, NLRB|

Does your employee handbook prohibit employees from “discussing customer or employee information” outside of work? Does it forbid employees from sending “unwanted, offensive or inappropriate” emails? If so, some changes may be in order. These policies are unlawful, according to a sweeping report recently issued by the General Counsel of the National Labor Relations Board