For the Record: Best Practices for Maintaining Personnel Records and Employee Files
5/24/23
By: Janet Barringer and Ryan Giggi
Our increasingly digitized world has changed the way employers manage and keep records. Personnel files are very frequently at the center of employment litigation, as a well-kept personnel file will tell the story of …
12/16/22
By: R. Victoria Fuller and Sean Andrés Rapela
Fiscal Year 2022 (“FY22”) marked the Massachusetts Commission Against Discrimination’s (“MCAD” or “Commission”) 75th year in existence. Like many government agencies, the MCAD faced a multitude of challenges as a result …
Massachusetts Enacts the Crown Act Banning Hairstyle Discrimination
8/11/22
By: Jennifer Markowski, R. Victoria Fuller, and Matthew Mattie
On July 26, 2022, Massachusetts joined 17 other states in prohibiting racial discrimination based on an individual’s natural hairstyle. The Creating a Respectful and Open World for Natural Hair …
7/29/22
By: R. Victoria Fuller and Sean Andrés Rapela
On July 27, 2022, the Massachusetts Supreme Judicial Court of (“SJC”) held that food delivery app drivers do not fall within the narrow category of employees who are exempt from arbitration under …
Massachusetts High Court Issues Two Important Wage and Hour Decisions
4/22/22
By: Jennifer Markowski, R. Victoria Fuller and Chris Redd
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a pair of decisions clarifying potential damages under Massachusetts’ wage and hour laws. Reuter v. City of Methuen addressed the appropriate measure …
1/3/22
By: Jennifer Markowski and R. Victoria Fuller
On December 17, 2021 the Massachusetts Supreme Judicial Court held in Meehan v. Medical Information Technology, Inc. that the termination of an employee for submitting a rebuttal for inclusion in the employee’s personnel …
8/4/21
In Dakin v. OSI Restaurant Partners, LLC, et al, the Massachusetts Appeals Court held that the workers’ compensation exclusivity provision barred an injured employee’s claims against three entities engaged in a joint venture.
In Dakin, the three related entities …
Judge rules Massachusetts public accommodation cases can skip MCAD and go directly to court
7/26/21
By: Jennifer Markowski or Lori Eller
In a recent Massachusetts Superior Court Order, Catherine Peters v. Boston Properties, Inc., et al. Memorandum of Decision and Order on Defendants’ Motion for Judgment on the Pleadings, Judge Debra A. Squires-Lee held that …
7/21/21
By: Victoria Fuller and Lori Eller
In KPM Analytics N. Am Corp. v. Blue Sun Sci., LLC, the District of Massachusetts recently provided some much-needed guidance concerning the enforceability of non-compete agreements governed by the Massachusetts Noncompetition Agreement Act, …
Update to Massachusetts Paid Family and Medical Leave
3/2/21
By: Janet Barringer and Lori Eller
The Massachusetts Department of Family and Medical Leave (“the Department”) has continued to update its guidance and resources on the Massachusetts Paid Family and Medical Leave Law (“PFML”), which went into effect at the …
2/18/21
By: Jennifer Markowski and Jennawe Hughes
The federal lawsuit filed by employees of Whole Foods Market, Inc. (“Whole Foods”) and Amazon.com, Inc. (“Amazon”) who were prohibited from wearing Black Lives Matter (“BLM”) attire, was dealt a significant blow when a …
9/2/20
By: Catherine Scott
On August 27, 2020, the Department of Labor (DOL) issued three new answers to its Frequently Asked Questions regarding the Families First Coronavirus Response Act (FFCRA). All three of these questions addressed employees’ questions regarding whether they would be entitled …