employment discrimination

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? [...]

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 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 [...]

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 [...]

MASSACHUSETTS LAWS CAN APPLY TO OUT OF STATE EMPLOYERS

Out of State Employers are required to adhere to Massachusetts employment laws if employees work and reside in Massachusetts. Out of state employers should therefore be aware of many of the laws specific to Massachusetts including a few noted below: Massachusetts Wage Act – failure to properly pay timely wages including overtime provides for automatic [...]