In January of 2023, the National Bureau of Economic Research (“NBER”), a non-profit, non-partisan research organization, published a paper identifying and discussing an increase in employers mislabeling employees as exempt under the executive exemption of the Fair Labor Standards Act (“FLSA”). The practice involves giving employees managerial titles even when many or most of the [...]
Do you think your employer may be violating wage and hour laws? If so, you are not alone. Federal law, such as the Fair Labor Standards Act (“FLSA”), as well as State law, such as the Massachusetts Wage Act, provide important protections to workers. Greene and Hafer is a law firm dedicated to helping employees [...]
Retaliation happens when an employer takes an adverse action against an employee for engaging in a protected activity, such as reporting discrimination or wage and hour violations. Retaliation in the workplace is a serious issue and it's important for employees to know their rights and how to prove retaliation if it occurs. In order to [...]
If you are a physician who has just received a job offer, you may be wondering whether the several-page employment contract you have just received is fair. There are many considerations in reviewing a physician employment contract which can impact your day-to-day and your legal rights significantly. Most physician contracts have a notice period of [...]
Last month, Massachusetts State Representatives Josh S. Cutler and Brandy Fluker Oakley filed a bill entitled “An Act Relative to Salary Range Transparency.” The bill, if passed by the Massachusetts Legislature, would do several things: it would require employers with 15 or more employees to share estimated salary ranges on job postings and advertisements; it [...]
In July, Governor Charlie Baker signed the CROWN Act into law, which prohibits discrimination based on natural or protective hairstyles by employers and others. The act is intended to provide protection to Black individuals that wish to wear hairstyles that are historically associated with their race. The law combats the prejudiced notion that natural and [...]
Most companies house a Human Resources (HR) Department to handle employee and office matters. This includes administering benefits, onboarding employees, and planning company events, but also involves handling more severe issues including harassment, discrimination, workplace safety, and more. If you’ve experienced a serious situation at your workplace, filing a complaint with HR may be [...]
Last month, a Superior Court discrimination suit with claims of disparate treatment and hostile work environment survived a motion to dismiss when overtly discriminatory conduct was coupled with more generally harassing conduct that was not clearly religiously-motivated. In Brzuchalski v. Digital Guard, LLC, et al., the Plaintiff, a Jewish man, alleges discrimination by coworkers, which [...]
Non-compete clauses Non-compete clauses restrict your future employment after your employment has ended. Massachusetts law does not allow for these restrictions against certain individuals, and when non-competes are permissible, there are specific requirements that employers must follow to ensure the restrictions are not unreasonable or overly restrictive. Non-solicitation clauses Non-solicitation clauses prevent employees from [...]
The state Personnel Records Act, G.L.c. 149, §52C, provides that employees who disagree with any information placed in their personnel records may submit for the record a written statement explaining their position. The SJC recently held that an at-will employee could bring a wrongful discharge claim in response to being fired after he filed a [...]