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

August 4th, 2017|Categories: Alexis P. Theriault, Discrimination & Harrassment, Human Resources Compliance, Julie L. Martin, Laws and 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

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

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U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

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

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

September 20th, 2016|Categories: Daryl K. Zules, Discrimination & Harrassment, Human Resources Compliance, Laws and 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

September 7th, 2016|Categories: Alexis P. Theriault, Discrimination & Harrassment, 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.

Retaliation – The Basics

September 1st, 2016|Categories: Alexis P. Theriault, Discrimination & Harrassment, Human Resources Compliance, Litigation, MCAD & EEOC, Thomas J. Gallitano|

Retaliation “occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the EEO laws the Commission enforces.” See EEOC Enforcement Guidance on Retaliation and Related Issues. These laws include Title VII of the Civil Rights Act of 1964 (“Title VII), the

Massachusetts Passed Unprecedented Pay Equity Legislation. What Employers Should Know

August 5th, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws and Regulations, MCAD & EEOC, Wage & Hour|

On August 1, 2016, Massachusetts Governor Charlie Baker signed into law the Act to Establish Pay Equity (the “Act”) which becomes effective July 1, 2018. The Act makes three significant changes to existing law. First, and most importantly, it prohibits employers from inquiring about a prospective employee’s salary history. This is a groundbreaking provision –

Non-Competition Agreement Reform Will Have to Wait Until Next Year…Again

August 3rd, 2016|Categories: Alexis P. Theriault, Andrew R. Dennington, Human Resources Compliance, Laws and Regulations, Noncompete Agreements|

“Wait ‘til next year,” the unofficial slogan of fans of the Brooklyn Dodgers, is becoming equally applicable to proponents of reform to Massachusetts law concerning non-competition agreements. Massachusetts legislators have filed bills every year since 2009. Each has failed to be enacted into law. This year looked like it would be the year. The House

Load More Posts