State laws add complexity to “work from anywhere”: Building a multi-state employment strategy
Geography still matters in employment relationships. Each person who performs their job on a computer has a physical location somewhere. In most cases, the laws of that “somewhere” give the employee rights that their employer is obligated to respect. In other words, a U.S. employer has obligations under the state and local laws of the […]
Counteracting Implicit Bias in the Workplace: A good idea from a surprising source
Without much fanfare, the Justices of the Massachusetts Supreme Judicial Court instituted jury instructions regarding implicit bias. Judges are now delivering these instructions to everyone serving on juries in Massachusetts civil and criminal trials. Over time, the jury instructions will expose large numbers of Massachusetts residents to strategies for making impartial, fair decisions. Business leaders […]
Autumn “to do” for Massachusetts Employers: Incorporate MA Paid Family and Medical Leave Benefits into Time-Off Program
Beginning January 1, 2021, a new state agency will get involved when Massachusetts workers request time off for family and medical needs. Employers can avoid confusion by setting up good procedures now. What Employers Need to Know: The day when Massachusetts workers will be entitled to receive paid family and medical leave under the new […]
Return-to-Work Frustrations for Employers: All workers aged 65 or older are in “higher risk” group for COVID-19
Notwithstanding the informative websites, exhaustive checklists and entertaining graphics guiding employers on their return-to-work strategies, employers sometimes feel like they’re…
The Shifting Landscape on Pre-Employment Arbitration Agreements
What Employers Need to Know: An arbitration clause was, until recently, one of the least-discussed components of an employment-related agreement. Employers included the clauses with the hope that disputes would be resolved in a faster, less expensive and more predictable way than they would be through litigation in court. Employers also valued the confidentiality of […]
Gig Economy Still Evolving: Uber Update
Companies like Uber have come to not only symbolize the gig economy, but also serve as bellwethers—leading the way, somewhat haphazardly, through uncharted legal territory. Uber’s classification of its drivers as independent contractors, and not as employees, is still one of the biggest and most closely watched issues surrounding this new business model. Here’s a […]
New Regulations for PEOs
Massachusetts lawmakers packed a lot into the new bill I reported on recently. In addition to changing the state’s law on non-compete agreements, they set new requirements for professional employer organizations (PEOs). Any employers who use PEOs, as well as PEOs themselves, should take note. What Is a PEO? An outgrowth of employee leasing companies, […]
The Debate Is Over: New Non-compete Law Passes in Mass.
In the final minutes of July, after many years of debate, Massachusetts legislators passed a bill that includes major changes to the state’s law on non-compete agreements. Now that the governor has signed it, the law will go into effect on October 1, 2018. Employers may need to rethink their non-compete strategies, as this law […]
Trends in global employment law: Top takeaways from the ABA International Labor & Employment Law conference
Your intrepid correspondent recently attended the Midwinter Meeting of the American Bar Association’s International Labor and Employment Law Committee. Attorneys from around the world spent four days focusing on emerging issues and new developments in international employment law, from labor regulations to artificial intelligence. I’ve distilled some of the key insights for you below. 1. […]
The #MeToo Movement and Sexual Harassment in the Workplace
The world has entered a new chapter in awareness of workplace sexual harassment, even for law firms. On June 13, please join Judy Polacheck for “The #MeToo Movement and Sexual Harassment in the Workplace”. Lawyers, this means #Youtoo,” hosted by the Business Lawyers Network. Register here.