Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Massachusetts

Weekly catch-up

Posted in Immigration, Politics, Pregnancy
President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based “points” system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent.… Continue Reading

Thinking out loud about medical marijuana and reasonable accommodation

Posted in Drug Testing
(When I think out loud, beware.) Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the… Continue Reading

Weekly catch-up

Posted in Constangy News, ConstangyTV, FOCUS, Immigration
Constangy is #1 midsize law firm for women! Law360 has ranked us number one among law firms with 150-299 attorneys. Firms were not even eligible to be ranked if they didn’t have at least 49 percent female attorneys, so we are the creme de la creme. Heather Owen, proprietor of FOCUS, our women’s leadership blog, has… Continue Reading

Weekly catch-up

Posted in Franchise, Independent Contractor, Politics, Wage-Hour
Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator’s Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The quick and dirty:… Continue Reading

Weekly catch-up

Posted in Equal Pay, Wage-Hour
Lots going on in the Northeast these days! From Massachusetts, Connor Cobean of our Boston Office has a discussion of a state Superior Court decision that allows employees to sue for back wages and treble damages if their employers violate the Sunday blue laws. (Employers covered by the blue laws have to pay time and a half… Continue Reading

Massachusetts expands protections to transgender individuals

Posted in Discrimination, Gender Identity Discrimination
As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use gender-segregated locations (such as restrooms and locker rooms) consistent with their gender identity. Any place that is open to and accepts or solicits… Continue Reading

Denial isn’t just a river in Egypt – it may be defamation. Ask Bill Cosby.

Posted in Uncategorized
“Drag a $100 bill through a trailer park, you never know what you’ll find.” “Every word she writes is a lie, including ‘and’ and ‘the.'” “Did NOT!” Can a denial open you up for a defamation suit? Apparently. This is essentially what recently happened to Bill Cosby. Three women said that Mr. Cosby sexually abused them many years ago, before many of… Continue Reading

Employers, you’ll never pooh-pooh the GINA again.

Posted in Genetic Information Non-Discrimination Act, GINA
The following is a scatological post, so grab a stool, have a seat, and listen up! (Or get a magazine.) On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act. The controversy started when Atlas Logistics Group Retail Services, a grocery distributor, had a problem… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading