joe

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So far joe has created 41 blog entries.

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.  [...]

Massachusetts Equal Pay Act / A Law to Prevent Gender Discrimination and Gender Pay Disparity in the Workplace

  On August 1, 2016, Massachusetts’ Equal Pay Act was amended in order to ensure that all workers in Massachusetts are:1) paid equally for comparable work performed, and: 2) provided the opportunity to earn competitive salaries in the workplace.  This new law imposes strict equal pay obligations on employers and limits the information employers can [...]

My Employer Fired Me – Can I Still Collect My Commissions?

Under Massachusetts law, employees are entitled to their commission if at the time of the termination, the commission is calculable and all of the requirements to close the sale have been completed. A commission plan that states the employee must be employed when the commission is paid may not be enforceable and cannot be relied [...]

Outside Salesperson – Are you entitled to overtime pay?

Many salespeople are paid by commission only and are not paid overtime or any other wages. This is only permitted if the salesperson qualifies under an FLSA exemption. There are several exemptions from the FLSA such as executive, administrative, outside sales person and highly compensated employee in which an employer does not have to comply [...]

Changes to the Overtime Regulations

The Department of Labor released the final rule updating the overtime regulations which revises the salary test for the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”). Summary of Final Rule Raises the salary threshold for the executive, professional and administrative exemptions from $455 per week to $913 a week ($47,476 for a [...]