Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law.1 CORI refers to the database of criminal information maintained by the Department of Criminal Justice Information Services (DCJIS).
Articles Discussing General Topics In Massachusetts Labor & Employment Law.
Marijuana and the Workplace
On November 8, 2016 voters answered “yes” to Question 4, approving the Regulation and Taxation of Marijuana Act (the “Marijuana Act”). The Marijuana Act goes into effect on December 15, 2016. Massachusetts previously passed a law permitting use of marijuana for medicinal purposes. For more information on the impact of both of these laws on the workplace, including their impact on employer drug testing policies, read our full alert.
Massachusetts State Court Rejects Medical Marijuana Suit
In another win for employers with regard to medical marijuana use by employees, a Massachusetts state court rejected a former employee’s legal claims under the state’s medical marijuana law. Barbuto v. Advantage Sales and Marketing, LLC, et al., No. 15-02677 (Mass. Sup. Ct. May 31, 2016).
What Employers Need to Know About the Updated Veterans Laws in Massachusetts
On July 14, 2016, Massachusetts Governor Charlie Baker signed into law An Act Relative to Housing, Operations, Military Service, and Enrichment (the “HOME Act”).By amending several existing laws, the HOME Act provides additional support and protections for veterans, members of the Armed Services, and their families. Employers should be aware of two major changes in employment law brought about by the HOME Act, both of which went into effect when the law was signed by Governor Baker and may require changes to your policies, practices, or employee handbook.
Massachusetts Amends Blue Laws to Allow for Operations of Warehouses on Sundays and Holidays
Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55 exceptions, restrict certain commercial activities on Sundays and holidays. Governor Charlie Baker signed “An Act Relative to Job Creation and Workforce Development” (H. 4569) on August 10, 2016.
Down to the Wire for Proposed Non-Compete Reform Legislation in Massachusetts
Massachusetts finally may enact non-compete reform legislation. The current session of the General Court, the state’s legislature, ends on July 31, and the House and Senate have passed versions of non-compete reform legislation limiting non-compete agreements that differ on important points. If non-compete reform is to become a reality in Massachusetts, significant compromise will be necessary before July 31.
First Circuit: FAAAA Preempts Massachusetts’ Contractor Law
On February 22, 2016, the First Circuit issued its decision in Schwann v. Fedex Ground Package System, Inc. This decision clarified the extent to which the Massachusetts Independent Contractor statute, G.L. c. 149 § 148B (“§ 148B”), as applied to motor carriers, is preempted by the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (“FAAAA”). Schwann v. FedEx Ground Package Sys., 2016 U.S. App. LEXIS 3050 (1st Cir. Mass. Feb. 22, 2016).
Massachusetts Earned Sick Time Law: Safe Harbor Expires December 31, 2015; Full Compliance Deadline is January 1, 2016
Employers operating under the Massachusetts Earned Sick Leave Law “safe harbor” should prepare to fully comply with the Law beginning January 1, 2016.
Massachusetts Attorney General Issues Final Sick Leave Regulations
Effective July 1, 2015, all private-sector employers in Massachusetts must provide their employees with up to 40 hours of sick leave per calendar year.1 Earlier this year, the Massachusetts Attorney General published proposed regulations concerning the implementation of the new law.2 After receiving comments to those proposed regulations, the Attorney General recently issued final regulations that differ from the proposed regulations in a number of important respects.
Massachusetts Attorney General Issues Final Regulations on the New Sick Leave Law
The Massachusetts Attorney General has issued final regulations (“regulations”) regarding the new earned sick time (EST) law. Our recent HRW Alert provides a summary of key provisions of the regulations. Please click the link below to view the full HRW Alert.
Mass. Attorney General Issues Amended Safe Harbor and Poster Regarding the Massachusetts Earned Sick Leave Law
On June 10, 2015, the Attorney General’s Office issued an amended safe harbor notice and poster regarding the new Massachusetts Earned Sick Time law, which goes into effect on July 1, 2015. Check out the link below for a copy of our newest HRW Alert on these updates.
Massachusetts Attorney General Issues Required Notice of Employee Rights and Clarifies the “Safe Harbor” Exemption
On June 10, 2015, the Massachusetts Attorney General issued a Notice of Employee Rights (the “Notice”) under the Commonwealth’s new earned sick leave law, as well as a document clarifying the scope of the “safe harbor” exemption to that law.
Massachusetts Earned Sick Time Law Update: Safe Harbor Clarified, Form Notice Available
The Massachusetts Attorney General’s office posted on its website a clarification of its previously announced Safe Harbor provision extending the Massachusetts Earned Sick Time compliance deadline for employers who provide paid time off that is substantially similar to that required by the Law. The AG’s office clarification provides further detail regarding application of the Safe Harbor provision which stated that “employers with a policy in existence on May 1, 2015 that provides paid time off or paid sick leave, shall be deemed in compliance with the Earned Sick Time law until January 1, 2016….”
Massachusetts Attorney General Creates a “Safe Harbor” From the Requirements of the Massachusetts Sick Leave Law
The Massachusetts Attorney General recently issued a supplemental regulation to the state’s new sick leave law that aims to provide a “safe harbor” to Massachusetts employers that had qualifying paid time off (“PTO”) policies (including sick, personal, vacation, and/or combined PTO policies) in place as of May 1, 2015. The new regulation is welcome news to employers who are struggling to adopt policies that comply with the new law.
HRW Alert: Massachusetts Attorney General Issues Proposed Regulations on the New Sick Leave Law
The Massachusetts Attorney General has issued proposed regulations (“regulations”) regarding the new Sick Leave Law. The regulations do not yet have the force of law. There will be a notice and comment period that lasts until June 10, 2015, and public hearings will be held throughout the Commonwealth. For a summary of key provisions of these regulations check out the full copy of our alert by clicking on this link.