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State Employment Law Articles
Report Link Massachusetts Data Privacy Law – Compliance Deadlines Nearing.Ogletree Deakins - September 28, 2009 In the wake of the highly publicized theft of massive amounts of confidential customer information, Massachusetts enacted comprehensive data security legislation intended to prevent unauthorized access to such information. The Office of Consumer Affairs and Business Regulation (OCABR) has since issued detailed regulations implementing the legislation. Compliance with these regulations is now required by March 1, 2010. Report Link Massachusetts High Court Rules Non-Employers Covered by Tips Statute.Jackson Lewis LLP - August 31, 2009 The Massachusetts Tips Statute covers service charges imposed by non-employers, the highest court in Massachusetts, the Supreme Judicial Court of Massachusetts (“SJC”), has ruled. DiFiore v. American Airlines, No. SJC-10313 (Aug. 4, 2009). This case may have significant ramifications for businesses that contract with third parties to provide certain services, as those businesses no longer may retain any fees charged to their customers that are designated “service charges,” even if the charge is initially collected by a third party. Report Link Employer Not Liable for Injuries Caused by Intoxicated Employee.Ogletree Deakins - August 05, 2009 A state appellate court recently ruled that an employer is not liable for the injuries caused by a drunk driving accident involving one of its workers. According to the Massachusetts Appeals Court, although the worker became intoxicated while meeting with his supervisor at a restaurant, his employer did not have a duty of care under a theory of employer host liability. Report Link Massachusetts Data Security Regulations Effective 2009.Jackson Lewis LLP - October 07, 2008 The Massachusetts Office of Consumer Affairs and Business Regulation has issued final data security regulations pursuant to the comprehensive data security law signed by Governor Deval Patrick on August 3, 2007. The regulations establish minimum standards for protecting and storing personal information about Massachusetts residents contained in paper or electronic format. Report Link The Massachusetts Employer (Summer 2008) (pdf).Jackson Lewis LLP - June 23, 2008 Change to Massachusetts Wage and Hour Laws Calls for Treble Damages; Employers Should Revisit Massachusetts’ Child Labor Laws Before Their Teenage Employees Begin a New School Year; Avoiding Unemployment Costs
Following a Voluntary Layoff; Report Link Massachusetts Mandates Treble Damages for Wage Violations.Littler Mendelson, P.C. - April 25, 2008 Wage and hour violations just became even more costly for Massachusetts employers as the Massachusetts legislature passed a bill mandating triple damages for all violations, regardless of employer intent. Senate Bill No. 1059 amends various provisions of the state wage statutes pertaining to damages. The new law goes into effect on July 13, 2008. As a result, wage and hour claims are now more attractive to plaintiffs' attorneys, and employers can expect to see an increase in wage and hour litigation, particularly class action litigation, in Massachusetts, ranging from claims for unpaid overtime to tip pooling violations. Report Link Massachusetts Is Poised to Implement Sweeping Health Insurance LegislationLittler Mendelson, P.C. - November 16, 2005 The Massachusetts House of Representatives recently passed broad health care legislation that, if signed into law, will affect nearly every business with employees in the state. The Massachusetts Senate passed a more limited bill that will increase costs only for employers that do not offer health insurance benefits. The two chambers will negotiate a compromise in the coming weeks, which gives employers an opportunity to weigh in on the proposals before a new law is enacted. Report Link Attorney General Issues Advisory to Nursing Homes on Immigrant Workers.Jackson Lewis LLP - April 28, 2005 In early 2005, the Massachusetts Attorney General's Office issued an advisory to owners and operators of Massachusetts nursing homes regarding employment practices that may affect the rights of immigrant workers. Report Link Massachusetts Senate Adopts Pilot Plan for Minimum Nursing Ratios at Hospitals.Jackson Lewis LLP - June 10, 2004 The Massachusetts Senate has approved a pilot program to require minimum nurse staffing ratios at 10 hospitals in 2005. The bill establishes a commission to study the pilot program, and if deemed a success, mandated staffing levels could be implemented statewide by 2007.
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