Adam M. Hamel

Latest Articles

New York City Mayor Bill de Blasio is proposing a measure, which, if passed, would make the Big Apple the first place in the nation to require private-sector employers to provide paid vacation to employees.  The details of the plan have not yet been released, but the New York Times is reporting that the law would require private employers with five or more employees to provide at least two weeks of paid vacation.  City Hall…
With the first recreational marijuana retail shops now opening in locations throughout Massachusetts, one legislator is proposing protections for employees who choose to use the newly-legal drug on their own time.  The Boston Globe is reporting that Jason Lewis, a state senator from Winchester, Massachusetts, is planning on introducing legislation in the new year that, if passed, would prevent most employers from terminating or disciplining employees for off-duty, legal use of marijuana.…
In a highly technical, twenty-page opinion, a three-judge panel of the Massachusetts Appeals Court declined to answer the question of whether volunteer members of boards of directors of nonprofits can be held personally liable to workers for unpaid wages under the Massachusetts Wage Act. With the issue unresolved, for the time being, volunteer board members will continue to face some uncertainty about their possible personal liability. The case, Lynch v. Roxbury Comprehensive Community Health Center,…
In July 2018, Governor Charlie Baker signed the BRAVE Act, a wide-ranging piece of legislation including a number of provisions aimed at increasing the support and services available to veterans and their families.  Among other things, the act provides increased tax relief and access to educational programs and other resources to veterans.  The BRAVE Act also updates state law with regard to the time off provided to veterans on Veterans Day and Memorial Day.…
During the month of September, the Department of Labor will be holding a series of “Listening Sessions” throughout the country in order to hear public comments about planned changes to the overtime rules under the Fair Labor Standards Act. On this blog, we have followed the long and winding path of the years-long efforts to update the FLSA’s overtime rules (see our posts on the subject here, here, here, here, here
Reality-TV-Star-Turned-White-House-Staffer Omarosa Manigault Newman recently grabbed headlines with her tell-all book about her short but dramatic tenure in the West Wing.  Some of the most eyebrow-raising revelations came from the secret audio recordings she made of Chief of Staff John Kelly firing her in the Situation Room and of President Trump telling her, in the Oval Office, that he didn’t know she had been let go.  Omarosa told Chuck Todd, of NBC’s “Meet The…
A bill just passed by the Massachusetts House and Senate, with uncharacteristic speed and bipartisan support, has been touted as a “grand bargain,” meant to circumvent political wrangling over several contentious ballot questions slated to be put before the voters this fall. The wide-ranging bill establishes paid family and medical leave, raises the minimum wage, and eliminates premium Sunday pay, among other things. The bill now goes to Governor Baker, who is expected to sign…
In 2010, Massachusetts enacted sweeping reforms to its criminal offender record information (CORI) system.  Among the changes was a provision prohibiting most employers from asking about criminal history on initial employment applications.  The measure is known as “ban the box” because it outlaws the once-common practice of inquiring about criminal background by including a checkbox on employment applications.…
Back in September, we reported that the Trump Administration had abandoned the appeal of an injunction blocking new overtime rules from going into effect.  That action effectively killed the Obama Administration’s effort to update and expand the overtime rule by raising the “salary level test” for executive, administrative, and professional workers from $455 per week to $913 per week.  At the same time, the Trump Administration signaled that a scaled-down update of the overtime rule…
The Federal Fair Labor Standards Act (FLSA) requires that covered employees who work more than forty hours in a week be paid overtime.  However, the statute contains a number of exemptions removing certain groups of employees from the law’s protections.  These “exempt” employees are not entitled to overtime pay when they work more than forty hours in a week, whereas “non-exempt” employees must be paid at the higher overtime rate for excess hours.…