About joe

This author has not yet filled in any details.
So far joe has created 45 blog entries.

Is Your Non-Competition Agreement Enforceable?

Massachusetts Passes New Non-Compete Law Last Friday, Governor Baker signed an economic development package into law that includes, among other things, new restrictions on the use of non-compete agreements in Massachusetts.   The new law which will amend M.G.L. c. 149 §24L goes into effect on October 1, 2018 and applies to all non-compete agreements executed [...]

Why the Massachusetts’s Misclassification Statute is Important

Massachusetts has a very strict independent contractor statute which makes it very difficult for businesses to hire independent contractors. There are a number of reasons why the Massachusetts legislators enacted this law including the following: Misclassification hurts the individual employee by denying them protections provided to other individuals classified as employees including workers compensation, company [...]

Massachusetts Equal Pay Act Guidance

The Massachusetts Attorney General has recently issued compliance guidance to help employers prepare for the effective date of the Act to Establish Pay Equity, which amends the Massachusetts Equal Pay Act ("MEPA"), and which goes into effect on July 1, 2018.  A copy of the 30-page guidance can be found by clicking here. MEPA generally [...]

Workplace Sexual Harassment In The Wake Of Harvey Weinstein

The news reports are everywhere recently.   Sexual harassment in the workplace is problem affecting every industry and employees of every level from CEOs to hourly employees.   The good news is that, with all of the recent media coverage, sexual harassment in the workplace has finally been exposed for the true problem that it is.   The [...]

Sexual Harassment in the Workplace?

WHAT EMPLOYERS SHOULD DO Make sure your harassment policy is up to date and has been recently communicated to employees. Conduct harassment training for management if you haven’t done so within the past year. We recommend that the training be live and interactive if possible, or computer-based and interactive if live training is not possible. [...]

Is there really zero tolerance for sexual harassment in the workplace?

Many companies hand out sexual harassment policies to employees upon their hire which state the company has a zero-tolerance policy for sexual harassment. The policy lists certain prohibited behaviors and encourages individuals to bring complaints of inappropriate behavior to upper management. However, is the company sexual harassment policy worth the paper it is written on? [...]

Pregnancy Rights in the Workplace and the new Massachusetts Pregnant Workers Fairness Act

This summer the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) was signed into law. The MPWFA ensures that pregnant workers or workers with pregnancy-related conditions receive reasonable accommodations and protection from discrimination and retaliation under Mass. Gen. Laws Chapter 151B. The MPWFA will take effect on April 1, 2018.   In order to prepare for implementation of [...]

Medical Marijuana In The Workplace

The Massachusetts SJC recently issued a ruling finding that if a medical marijuana user is an individual with a handicap or disability then that individual may assert a claim for handicap discrimination under Massachusetts state law. The court held that an employer must engage in an “interactive process” with a medical marijuana user to determine [...]

Court finds anti-gay discrimination is a form of sex discrimination prohibited under Title VII

Massachusetts anti-discrimination laws explicitly prohibit discrimination based on sexual orientation. However, most other state laws and the Federal anti-discrimination law do not explicitly provide for protections based on sexual orientation. This may soon change. In a recent Seventh Circuit decision, the Appeals Court held that discriminatory conduct based on one’s sexual orientation is protected under [...]

Massachusetts Minimum Wage Changes

Effective January 1, 2017, the minimum wage in Massachusetts is increasing from $10.00 to $11.00 per hour. The minimum rate for tipped service employees is also increasing, from $3.35 to $3.75 per hour.  This “service rate” only applies to workers who provide services to customers and regularly receive more than $20 in tips per month.  [...]