Blog
Are Your Employment Applications Legally Compliant?
February 12, 2018
Many employers don’t know that Massachusetts law prohibits employers from asking for certain information on employment applications and requires employers to include certain statements on employment applications.
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No Enforcement of the EEOC’s Criminal Background Check Guidance?
February 8, 2018
My world shifted slightly last week, when a federal court in Texas ruled that the Equal Employment Opportunity Commission could not enforce its Enforcement Guidance on “Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.”
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Recent Developments in Affordable Care Act Compliance: Employer Obligations for 2018 and Beyond
February 5, 2018
Over the past year, there has been a significant focus in the press on various attempts to overhaul or repeal key elements of the Affordable Care Act (“ACA”), which was originally passed into law almost eight years ago.
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CMS On your radar - Key employment issues worldwide
February 1, 2018
The international CMS employment group has the pleasure of sharing the fourth edition of On Your Radar publication giving you access to the key employment law developments at your fingertips. Our easy to read guide provides our expert analysis and action points to deal with these developments in Europe and beyond.
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Employers – Don’t Let Your Emojis Get the Best of You
January 31, 2018
Emojis and emoticons, which we all use to add flavor and emotion to dry, text based communication on our phones, emails, or Facebook messages, have become points of contention in a variety of legal disputes.
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Employers Who Utilize Temporary Or Loaned Employees Are Now Potentially Liable For Third Party Claims Brought By An Injured Employee
January 29, 2018
On January 9, 2018, District III of the Wisconsin Court of Appeals decided that Wis. Stat. § 102.29(6)(b)1 allows an injured temporary employee to choose between filing a worker’s compensation claim and suing the temporary employer for tort damages.
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Massachusetts: Are You Prepared for the “Hot Topics” in 2018?
January 26, 2018
Earlier this week, Erica Flores and I teamed up with the Chicopee Chamber of Commerce for a seminar with an HR focus. During the presentation, we discussed new employment laws and issues that we expect to impact Massachusetts employers this year, as well as proposed legislation that should be on your radar.
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ADA - Employee Mental Health - Employer Right
January 26, 2018
Concerns about workplace violence, bullying, and harassment sometimes result in employers facing a difficult choice, which is either to require a mental health fitness for duty examination or wait to see if the concerns about the employee prove to be accurate. No employer has an obligation to retain an employee whose behavior creates a potential risk of harm to the employee or others.
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Legislative Outlook for 2018
January 26, 2018
The pro-business shift, begun in 2017 under the Trump administration, will continue in 2018. Thus, the DOL will undoubtedly set new standards for the payment of overtime and the application of any exemptions, while the Senate looks to force through a new joint employer standard.
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EEO-1 Report Filing on the Horizon
January 26, 2018
EEO-1 reports must be submitted to the Joint Reporting Committee by March 31, 2018. If you recall, the filing period was suspended based upon the EEOC’s efforts to require compensation analysis as part of the EEO-1 report. That has been put on hold pending more comprehensive review.
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Must Employees on Leave Be Left Alone?
January 26, 2018
Issues often arise during the course of an employee’s FMLA absence where the employer needs to contact the employee or may want to request the employee to perform some work. What are the employer’s rights to have such discussions or requests when an employee is on FMLA leave?
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The Employee You Terminated Won’t Return Company Property. Now What?
January 24, 2018
Have you ever terminated someone only to have them hold hostage your company’s property?
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