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

Alert: Revised Form I-9 Now Available

2017-01-06T16:45:09+00:00 December 12th, 2016|Categories: Human Resources Compliance, Laws & 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

New Transgender Anti-Discrimination Law – What You Need to Know

2017-01-13T17:26:23+00:00 September 20th, 2016|Categories: Daryl K. Zules, Discrimination & Harassment, Human Resources Compliance, Laws & Regulations, Thomas J. Gallitano|

On July 6, 2016, Governor Charles D. Baker signed into law Senate Bill 2407: An Act relative to transgender anti-discrimination, codified at G.L. c. 272 §§ 92, 92A, and 98. Effective October 1, 2016, this new law formally prohibits discrimination on the basis of gender identity in places of public accommodation. Gender identity is now

A Refresher on Retaliation Based on the EEOC’s Revised Retaliation Guidance

2017-01-13T17:29:47+00:00 September 7th, 2016|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Litigation, MCAD & EEOC, Thomas J. Gallitano|

Retaliation is now the most frequently alleged basis of discrimination. The number of retaliation claims has doubled since 1998. In fiscal year 2015, retaliation accounted for nearly 45% of the claims the Equal Employment Opportunity Commission received. Despite this, the Commission had not revised its guidance on retaliation since it was first issued in 1998.

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