You’ve been searching for a job and finally you get an offer for a great job! You come in on your first day and are given a stack of papers to sign. Included in this stack of papers are tax forms, harassment policy, employee handbook receipt, non compete agreement and a confidentiality agreement. You diligently [...]
We recently passed twenty years that the Family Medical Leave Act (FMLA) has been in place. The FMLA is a federal law that allows covered employees up to twelve weeks of unpaid leave with one calendar year for the following: Birth and care of the employee’s child, within one year of birth Placement with the [...]
Massachusetts has one of the most employee-friendly independent contractor laws in the country. The Massachusetts law makes it very difficult to establish independent contractor status. Violations of this law result in significant damages including treble damages and attorney’s fees. Contractions/Employees: If you are improperly classified as an independent contractor (ie.. paid on a 1099 form) [...]
BETTER SEEK LEGAL COUNSEL QUICKLY BEFORE YOU MISS YOUR WINDOW OF OPPORTUNITY. The Massachusetts Supreme Judicial Court recently held that individuals who are misclassified as independent contractors instead of employees can recover damages for up to three years of their misclassification. In most cases the statute of limitations will not be tolled, meaning, it will [...]
Important information for employers and employees regarding internal workplace investigations Recent guidance from EEOC and NLRB suggests that it may be a violation of law telling employees to refrain from discussing internal investigations. The EEOC recently took issue with an employer who took the typical approach. In a letter to the employer, the EEOC stated: [...]
1. What is the difference between retaliation and unlawful retaliation? Many people are surprised to learn that every form of retaliation in the workplace is not actionable. In its most general terms, unlawful retaliation occurs when an employer punishes an employee for engaging in “legally protected activity” or “opposing unlawful conduct.” While this language [...]
In this difficult economy, with jobs as scarce as they are, most of us are relieved just to be employed. But the fact is that sometimes even hard working people find themselves in unworkable employment situations. Whatever the reason, whether it is a difficult supervisor, medical problems, discrimination in the workplace (employment discrimination), or some [...]
Five important facts about getting paid You are owed all of your earned wages in a timely fashion. Your employer cannot require you to defer your wages or agree to be paid at a later date if the company is in financial trouble. If you leave your job you are entitled to be paid for [...]