Forum Selection Clause May Operate As Special Contract In Violation Of Massachusetts Wage Act
The Massachusetts Supreme Judicial Court held this week that, where certain criteria are met, an out-of-state forum selection clause in an employment contract will violate the Massachusetts Wage Act.
New Requirements Take Effect This Friday for Massachusetts Employers Requesting Criminal History Information
In August, 2010, Governor Deval Patrick signed a bill that made significant changes to the Massachusetts criminal offender record information ("CORI") law. The bill contained staggered effective dates. One of the effective dates is right around the corner.
Massachusetts Update: Changes to Law on Criminal Background Checks Effective May 4, 2012
Massachusetts employers will be faced with a host of new obligations affecting their ability to obtain and use criminal background information from applicants and current employees beginning May 4, 2012. The state’s 2010 criminal offender record information ("CORI") law created a new method and database for employers to access criminal records, allowing many employers access to the database for the first time.
Massachusetts eAuthority (March 2012)
Articles in this issue include: Criminal Record Law Requirements Become Effective May 4; Change in Compensation Voids Massachusetts Non-Compete Agreement; Meal Break Violations Cost A Massachusetts Retailer Almost $500,000.
Massachusetts Employers Face New Obligations When Conducting Background Checks Involving Criminal History Records
Effective May 4, 2012, the Massachusetts Criminal Offender Record Information (CORI) Reform Act (the Act), which was enacted in August 2010 with the controversial "ban the box" legislation, will significantly change the way employers access, use, and maintain information obtained through the Commonwealth's CORI system. The Act will allow all employers access to a new online records system, but also imposes obligations on employers that acquire criminal history information from private sources, such as consumer reporting agencies (background report vendors). Employers should review their hiring and background check policies now to determine whether any updates are necessary.
Massachusetts Court Permits No-Tipping Policy
In a case of first impression, a Massachusetts Superior Court judge recently held that an employer may adopt a policy prohibiting employees from accepting tips from customers without violating the Massachusetts Tips Law. Any such policy, however, must clearly and conspicuously be announced to customers, such that a reasonable customer would understand that any money left by the customer would not be given to employees as a tip.
Data Security Update: Massachusetts Vendor Contract Deadline Approaches
Thirty-nine percent of data breaches in the U.S. happened to businesses while the data was in the hands of third-party vendors, according to the 2010 Annual Study of the Ponemon Institute.
Gender Identity Will Become A Protected Class In Massachusetts
The Massachusetts legislature has amended its state anti-discrimination law to prohibit discrimination based on gender identity in employment, insurance, housing, lending, credit and education. The legislation also expanded the state hate crimes law to cover gender identity. The law, entitled An Act Relative to Gender Identity, also referred to as the Transgender Equal Rights Bill, was signed into law by Governor Deval Patrick on November 23, 2011 and becomes effective on July 1, 2012.
Massachusetts Passes Legislation Protecting Transgender Employees in the Workplace
On November 23, 2011, Massachusetts Governor Deval Patrick signed into law the "Gender Identity Bill." This makes Massachusetts the 16th state – along with California, Colorado, Connecticut, Hawaii, Iowa, Illinois, Maine, Minnesota, Oregon, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, Washington, and the District of Columbia – to provide some level of protection to employees based on gender identity and/or expression.
Massachusetts Passes Legislation to Protect Gender Identity
On November 16, 2011, the Massachusetts legislature passed a transgender anti-discrimination bill, which Governor Deval Patrick is expected to sign into law this week. If the bill is signed by the Governor, “gender identity†will become a protected category under Massachusetts non-discrimination statutes. The new law also will add gender identity as a protected category to several laws intended to protect people from hate crimes and harassment.
