Employment Law Business Guide

Practical Insights for Human Resources, Managers & Business Owners

On February 1, 2019 the Keene Sentinel reported that a Massachusetts construction company had been hit with more than $64,000 in fines after an audit conducted by the New Hampshire Department of Labor. Although the bulk of the fines were related to the misclassification of employees as independent contractors, there were also a number of recordkeeping violations found. The Keene Sentinel article devotes significant attention to the problems of trying to classify individuals as independent…
In the United States, certain religious schools are legally permitted to limit or discontinue student enrollment if: the atmosphere or conduct within a particular home, the activities of a parent or guardian, or the activities of the student are counter to, or are in opposition to, the biblical lifestyle the school teaches. This includes, but is not limited to contumacious behavior, divisive conduct, and participating in, supporting, or condoning sexual immorality, homosexual activity or bi-sexual…
Although the government shutdown appears to be over, at least temporarily, businesses will need to deal with the aftermath of the lengthy shutdown.  One of the many unintended, and perhaps unforeseen, consequences of the shutdown was its impact on federal tax collection efforts.  During the shutdown, Internal Revenue Service Revenue Officers who handle collection matters were deemed non-essential and furloughed.  Although in-person collection activity ceased, automated collection activity did not.  This created the possibility that…
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…
The Department of Homeland Security (DHS), which oversees the E-Verify program, has announced that the website www.e-verify.gov will not be available to employers during the current partial government shutdown. The website will not be managed or updated until after funding is restored. DHS reported that “information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until…
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.…
According to a New Hampshire judge, “It is at least a jury question whether as plaintiff alleges, ‘public policy encourages a mother to breastfeed her child, particularly where breastfeeding is imperative for the child’s health.’”  For this reason, the court denied an employer’s motion to dismiss a New Hampshire woman’s wrongful discharge case after she asked her employer to allow her to breastfeed her newborn son during the workday.  Plaintiff Kate Frederick will now have…
President George H.W. Bush may very well be best remembered for his role in bringing the Americans with Disabilities Act (“ADA”) to the American workplace. Bush engaged in bi-partisan leadership in working with the ADA’s chief sponsor, Sen. Tom Harkin, D-Iowa and the likes of Senators Ted Kennedy, D-Mass., Bob Dole, R-Kan.; David Durenberger, R-Minn.; and Orrin Hatch, R-Utah who were key proponents of the legislation, in seeing the legislation through to passage. Bush signed…
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,…
On October 24, 2018 the Equal Employment Opportunity Commission (“EEOC”) announced that Denton County Texas will pay $115,000 to a female physician formerly employed by the county.  The EEOC filed suit in August 2017 in the U.S. District Court for the Eastern District of Texas alleging that Dr. Martha C. Storrie was paid less than her male counterpart for the same job in violation of the Equal Pay Act.  The court entered judgment in favor…