Massachusetts Labor & Employment Law

Foley Hoag’s Labor & Employment Law practice offers decades of experience helping companies manage their workplace legal issues. We understand that today’s employers must grapple with an ever-expanding array of federal and state laws and regulations governing the employment relationship. Our attorneys bring deep knowledge of labor and employment law and a practical and creative problem-solving approach to every matter. We pride ourselves on our ability to respond quickly to changing business conditions with effective, strategic advice, while always keeping our client’s business goals in mind.

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context.  Most significantly, the EEOC offered long-awaited guidance on the permissibility of employer programs that offer incentives to employees who receive COVID-19 vaccinations, providing that such programs are permissible if the incentives offered are “non-coercive.” As employers prepare to return employees to the physical workplace, many have shied away from mandating employee vaccinations. Instead, employers…
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their workers from airborne infectious diseases. The so-called HERO Act, adopted in large part because of the COVID-19 pandemic, is designed to protect workers from contracting future viruses in the workplace by reducing transmission and community spread. The new…
In an unsurprising move, the Department of Labor announced at the end of February that it would delay implementation of a rule relating to tip pools and tip credit that had been promulgated during the waning days of the Trump Administration.  That rule, which we wrote about here, would have allowed employers to include more employees in tip pools and to apply tip credits to a wider range of non-tipped time worked.  Originally scheduled…
Trade secrets are essential to compete and grow most businesses. But employee mobility and ease of communication create enormous challenges for protecting valuable trade secrets and other proprietary information. How can businesses protect innovations, product and IP plans, client information and cutting edge technologies that are key to their future? Join as Foley Hoag lawyers break down practical steps, legal strategies and litigation options to prevent and respond to employee theft of trade secrets. Download…
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to COVID-19 in the workplace. The guidance comes on the heels of President Joe Biden’s Executive Order on Protecting Worker Health and Safety, which called for the Labor Department to coordinate with other appropriate agencies and issue updated health and safety guidance for…
Click here to watch the webinar. Our panelists discuss their thoughts and analysis on expected changes to significant areas of labor and employment law, including: The new administration’s response to the COVID-19 pandemic and workplace safety Anti-discrimination laws and the EEOC The National Labor Relations Board and labor law Wage and hour laws and the Department of Labor Paid Leave Speakers: Jonathan Keselenko, Partner Erin Olesen, Associate Andrew Smith, Senior Policy Advisor…
On Sunday, May 10, 2020, a groundbreaking New York City law went into effect prohibiting most employers from requiring job applicants to submit to marijuana or tetrahydrocannabinols (THC) tests during the hiring process.  The New York City Council passed the measure 40-to-4 in April 2019, establishing that requiring such testing as a condition of employment constituted an unlawful discriminatory practice, even as marijuana was (and remains) illegal in the state. The law applies to public…
As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are facing many difficult questions. Click here to read our answers to some frequently asked questions that employers have been raising in their efforts to respond this ongoing public health crisis. Foley Hoag LLP has formed a firm-wide, multi-disciplinary task force dedicated to…
Companies are expanding their work from home policies amid the spread of coronavirus. Counsel Chris Feudo discusses best practices for companies and employees. “Make sure that you have medical documentation, be in touch with your medical providers to make sure you understand what your restrictions are,” he said. Watch the video below or click here to read more.…