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Apr
22
Not all discrimination is open or obvious. Sometimes it can sneak up on you in ways you have not imagined. In fact, you may face a viable discrimination claim even when you did not intend to discriminate against someone. Under a disparate-impact theory …
Feb
11
Jill arrives at work on Valentine’s Day to find a box of chocolates, a teddy bear, and a card on her desk. Smiling, she reaches for the card. Her smile fades as she identifies her admirer. Valentine’s Day is a reminder of a common challenge many…
Dec
31
As we usher in the new year, employers should be mindful of pending legislation that has the potential to impact their businesses. Here are some things to keep an eye on. Independent Contractors One piece of legislation related to independent contractors p…
Nov
4
The Massachusetts Commission Against Discrimination (MCAD) and its federal counterpart, the Equal Employment Opportunity Commission (EEOC), have identified disability discrimination as one of their top priorities. Consequently, employers would be wise to take…
Sep
10
In May 2013, actress Angelina Jolie announced that she underwent a preventive double mastectomy after learning through genetic testing that she carries a genetic mutation (BRCA1), which significantly increases her risk of breast and ovarian cancer. The very sa…
Jul
30
Not surprisingly, given the number of transitional and safe harbors included in the interpretive regulations related to the Affordable Care Act, a.k.a. ‘Obamacare,’ the most recent change is that involving the implementation of the ‘play-or-p…
Jul
2
The lawsuit brought against Lady Gaga by her former personal assistant (PA) illustrates some of the wage-and-hour law challenges that employers face. Lady Gaga hired a friend to be her personal assistant at an annual salary of $75,000. After the two had a fall…
Jun
4
“They say I’m old-fashioned, and live in the past, but sometimes I think progress progresses too fast!” — The Lorax, Dr. Seuss We live and work in a digital age. More than 89 billion corporate e-mails are sent and received each year,…
Mar
12
You employ Jack and Jill. Jill files a lawsuit alleging that Jack was harassing her and you did nothing to stop it. Can you be held liable for Jack’s conduct? The answer: it depends. It depends on whether or not Jack supervised Jill. If Jack was Jill&…
Feb
12
The Family Medical Leave Act (FMLA) presents many challenges for employers because of its complexities. And one area of confusion employers have faced arises in the context of requests for leave to care for adult children. Generally, the FMLA entitles an el…
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