The Massachusetts Independent Contractor Law makes it very difficult for companies to legally hire independent contractors. There is a three part test that most companies can’t meet. The company must show:
1. The individual is free from direction and control;
2. The service is performed outside the usual course of the company’s . . . → Read More: Massachusetts Independent Contractor Law
Getting fired can be terribly stressful. Usually there is emotional and financial fall out from a firing. It can be hard to know to know how to deal with it. Here are five things employees who are fired or laid off from their jobs in Massachusetts need to know.
1. . . . → Read More: Five Things Fired Employees Need to Know
Market Basket employees and customers are celebrating a successful job action that led to the return of ousted CEO, Arthur T. Demoulas. This dispute dominated news in Massachusetts, became a national story, and blew up social media sites. From a lawyer’s perspective, what the heck was so unique about it and what does it mean . . . → Read More: Market Basket A Game Changer
The Boston Globe is reporting that Market Basket workers are saying that the co-CEO’s have sent letters setting a deadline for a return to work. The letter directs the employee to return to work or “the company will consider you to have abandoned your job, thereby ending your employment with the company.”
Eligibility for Unemployment . . . → Read More: Will Market Basket Contest Unemployment?
Sexual harassment and discrimination in tech start-ups is now being reported in the media. Described as a “bro culture” or “frat house” atmosphere, the behavior and conduct of many employees crosses the line from inappropriate conduct to illegal conduct. In many instances, the company founders participate or turn a blind eye to it. In a . . . → Read More: Sexual Harassment and Discrimination in Tech Start-ups
A car dealership has settled a sexual harassment lawsuit for over $2 million. Male employees claimed that the former male lot manager sexually harassed male employees for over ten years. The conduct included sexual comments, inappropriate grabbing and touching of male employees and frequent solicitations for oral sex. Over 50 male employees were subjected to . . . → Read More: Sexual Harassment at Car Dealership
A Peabody cleaning contractor, Ward’s Cleaning Service, Inc. must pay its workers $1 million in back pay and damages. The company illegally asked employees to use multiple time cards with different names, changed time cards, paid employees with checks made out to false names and paid employees in cash.
Companies trying to avoid paying overtime . . . → Read More: Cleaning Company Ordered to Pay Overtime to Workers
Estate Planning Matters
You know you need a will. You’ve managed to put estate planning off for years. Not because it wasn’t important, but other things were your priority. Like getting the kids to soccer practice. Or making it to work on time.
When is it a good time to talk to a Massachusetts . . . → Read More: Why You Need a Will: Ten Great Reasons
Historically, state and federal non-discrimination laws have not afforded protection to lesbian, gay and transgender individuals in the workplace. In recent years, however, more and more states have passed laws prohibiting such discrimination the workplace. As a recent Washington Post article reports, only 21 states and the District of Columbia have laws that prohibit discrimination . . . → Read More: Lesbian, Gay, and Transgender Discrimination in the Workplace
A Severance Agreement is usually drafted in the company’s favor. The agreements and releases in it are not typically for the benefit of both sides. What are some of the mistakes employees often make when handed an agreement? Here are the top ten severance don’ts:
1. Do not sign an agreement without fully understanding it. . . . → Read More: Top Ten Severance Agreement Don’ts