It is a difficult balance for employers between respecting the rights to speech and other protected activity of their employees and avoiding a hostile workplace created by such speech. All too often employees may express views that are protected, but in ways that may be intimidating to their co-workers and create a hostile work environment.

In June 2018, Massachusetts took the step of passing legislation aimed at providing paid family and medical leave for employees. Becoming effective in 2021, the Massachusetts Paid Family and Medical Leave Program (“PFML”) will provide for up to 12 weeks of paid family leave and 20 weeks of paid medical leave per year. This benefit

Parting with any employee comes with a host of dangers and pitfalls for an employer. These liabilities are increased when the exiting employee holds ownership in or options to own the employer’s company. Especially for smaller businesses, restricting its ownership from departing with employees is essential to continuing to operate smoothly and effectively. But in

Thumbnail image for FullSizeRender.jpg A recent unpublished decision by the Massachusetts Appeals Court found that an employee could not establish a case for age discrimination under Massachusetts law when his entire job class was eliminated as part of a reduction in force. See Richard A. Porio v. Department of Revenue, 13-P-1621, (memorandum and order pursuant to Rule 1:28,

On November 7, 2014, the Australian Department of Immigration and Border Proteciton gave notice of a data breach that morning affecting the leaders of the G20.  As described:

The personal information which has been breached is the name, date of birth, title, position nationality, passport number, visa grant number and visa subclass held relating

On June 25, 2013, the Massachusetts General Court’s (the State Legislature) Joint Committee on Labor and Workforce Development held a hearing on, among other items, HB 1766, the Healthy Workplace Bill. Such a law, if passed, should give a Massachusetts employer pause. If an employee has a bad day and becomes angry with another employee, the employer may become liable.
Continue Reading Implications of a Massachusetts Workplace Bullying Bill

The Supreme Judicial Court noted that payment of salary and benefits post-termination does not substitute for payment of unused vacation time, which was shown to be 50 days. Under the Massachusetts Wage Act, a terminated employee is explicitly entitled to payment of unused vacation upon termination.
Continue Reading Massachusetts Employers Must Characterize Unused Vacation Pay Properly

If you manage a business that deals with Massachusetts residents or property, you need to know a few things about the new medical marijuana law and coming regulations.

In November, Massachusetts voters approved a ballot question which allows patients with qualifying medical conditions to obtain and use medical marijuana. Seventeen other states currently allow

While companies are often focused on outsider risks such as breach of their systems through a stolen laptop or hacking, often the biggest risk is from insiders themselves. Such problems of access management with existing employees, independent contractors and other persons are as much a threat to proprietary information as threats from outside sources.