On June 28, 2019 Massachusetts passed the Massachusetts Paid Family and Medical Leave (“PFML”) law which goes into effect in 2021. Below is a timeline and list of employer responsibilities to prepare for the upcoming law. Notice Requirements: MAY 30, 2019 All employers must provide written notice to employees of their rights under the PFML [...]
We often hear Company’s talk about their policies and strong reporting procedures to try to curb sexual harassment in the workplace. However, if employers are serious about reducing workplace harassment, they need to go beyond policies and procedures, or have policies and procedures backed by swift and certain action. One key to effecting this is [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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? [...]
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 [...]
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 [...]