A Quick Look at the Rigid Massachusetts Independent Contractor Law
Small and large businesses alike often prefer to hire “Independent Contractors” rather than “Employees.” While the reasons for wanting to do so are numerous, one of the primary motivators for businesses is the fact that these workers are not entitled to accrue benefits such as health insurance, vacation, paid sick time, and unemployment compensation, among…
Any Bargaining Obligations with Unions Over New D.E.S.E. Retell/Certification Requirements?
In December 2012, the Commissioner of the Massachusetts Department of Elementary and Secondary Education (DESE), Mitchell D. Chester, Ed.D., detailed the new and somewhat extensive RETELL (Rethinking Equity and Teaching for English Language Learners) – Sheltered English Immersion endorsement and the related professional development requirements. The endorsement and PDP requirements directly impact affected teachers license…
Complying with Massachusetts’ Personal Data Security Law
In 2010, Massachusetts passed a comprehensive data security law and related regulations which must be complied with by all businesses that maintain “personal information” of its employees, customers, or vendors, etc. The law and its attendant regulations impose minimum standards for safeguarding personal information contained in both paper and electronic records. The law and the…
Criminal Record Check Provisions
In May 2012 there was a change in the manner in which Massachusetts employers may obtain, use, and retain the Criminal Offender Record Information (CORI) they receive on employees and prospective employees alike. This was the next implementation aspect of the Massachusetts CORI legislation that was enacted in the summer of 2010. Under the CORI…
Decriminalization of Recreational Marijuana and the Workplace
In 2016, the voters in Massachusetts decriminalized recreational use of marijuana. The law took effect on December 16, 2016. In light of the recreational marijuana use law, employers have three common questions: The short answer to the first two questions is “none.” The decriminalization of marijuana for recreational use by persons twenty-one and over has…
Family and Medical Leave Act Regulations of 2013
On March 8, 2013, Department of Labor (DOL) regulations regarding the Family and Medical Leave Act (FMLA) took effect. While the new regulations are somewhat expansive and cover a number of different things, including airline industry changes, the key changes for non-airline industry employers primarily address issues regarding military exigency leave, military caregiver leave, and…
Massachusetts Enacts Law Requiring Treble Damages for Wage Payment Violations
As Massachusetts employers know, they are subject to extensive and complex wage and hour laws. With the recent passage of new legislation, that exercise will soon become far more costly for the unwary employer. Under legislation which became effective on July 13, 2008, employers who violate the Commonwealth’s wage and hour laws will be required…
Massachusetts Passes Legislation Requiring Covered Employers to Provide Domestic Violence Leave for Employees
A domestic violence leave law for employees was signed into law in August 2014. Covered employers, those who have fifty or more employees, must now allow employees to take off up to fifteen work days per twelve-month rolling year when domestic violence has been perpetrated against them or members of their family. DOMESTIC VIOLENCE AND…
Massachusetts Passes New Non-Compete Law
On October 1, 2018, a new law went into effect in Massachusetts regarding non-competition agreements. The new law significantly restricts an employer’s ability to enforce a non-competition agreement against a former employee or independent contractor, and it imposes several procedural hurdles that must be complied with for a non-competition agreement entered into after October 1…