This past year was one that saw a number of landscape-changing developments in the broad realm of employment law. From paid family leave to cannabis to overtime-threshold changes, there were a number of changes to existing laws, new measures to keep track of, and new challenges for employers.

Attorney John S. Gannon, a partner at the labor and employment law firm Skoler Abbott in Massachusetts, says policies like Chipotle’s could be effective if they’re truly meant to address food safety. But, he says, employers asking too many questions about the reasons for using sick time could violate state laws and other regulations, and lead to a claim alleging the employer interfered with an employee’s right to use protected time off.

“People meet at work. It’s not an uncommon place for romantic relationships to start,” said John Gannon, an employment law attorney with Skoler Abbott in Springfield, Massachusetts.

Skoler, Abbott & Presser, P.C. announced today that Attorneys, Marylou Fabbo, and Susan G. Fentin, have been selected to the 2019 Massachusetts Super Lawyers® list in the field of employment and labor law. Additionally, attorney Amelia J. Holstrom was named to the 2019 Massachusetts Rising Stars® list for the second consecutive year.

Massachusetts state law requires almost all businesses to provide some job-protected leave for the birth or adoption of their child, and the federal Family and Medical Leave Act (FMLA) obligates employers with 50 or more employees to provide additional time off and protections to new parents.

Attorney Amelia Holstrom appears on WWLP to discuss what would happen if employees decide not to use the Massachusetts Paid Family and Medical Leave Law benefits

Attorney Amelia Holstrom appears on WWLP Mass Appeal to discuss the Massachusetts Paid Family and Medical Leave Law.

The National Labor Relations Board’s (NLRB) request for input on protection for employees who engage in profane and offensive speech signals that it may be considering a change in the factors it considers when determining if an individual’s comments go beyond what’s protected by the National Labor Relations Act (NLRA).

Skoler, Abbott & Presser, P.C., the leading labor and employment law firm serving employers in the greater Springfield area, announced today that one of its partners, Attorney Timothy F. Murphy, was recognized by his peers as a 2020 “Lawyer of the Year” in Springfield for his work in Labor Law – Management. Only a single lawyer in each practice area and community is honored with this award.

The #MeToo movement exploded back in 2017. With #MeToo in the news almost a daily, women everywhere became more comfortable coming forward and reporting harassment and telling their stories.

Businesses have had almost a year to prepare for the implementation of Paid Family and Medical Leave (PFML) in Massachusetts. Still, many questions remain, and the first critical date — July 1 — is right around the corner. Here are five things that should be at the top of your to-do list as employers in the Commonwealth prepare for PFML.

The law firm Skoler, Abbott, and Presser hosted the event. Topics discussed include why employers get sued for harassment, minimum wage, and the new paid family and medical leave law that will impact employers this summer.

MassHire Holyoke Career Center will host a workshop titled “How Will Marijuana Affect the Workplace In Massachusetts” with Attorney Erica Flores presenting.

Employment attorney Erica Flores of Skolar Abbott in Springfield said since marijuana became legal, she has seen employers beefing up their policies regarding what constitutes a “reasonable suspicion,” training human resource workers on those policies and reminding employees that they can be drug tested if they act high while on the job.

Gannon is expecting the Paid Family and Medical Leave Law to be among the main focal points of conversation at the firm’s annual Labor and Employment Law Conference, set for May 21 at the Sheraton Springfield. The conference is staged each year to help local businesses stay abreast of laws and regulations relating to labor issues, said Gannon, and this year there will certainly be a number of issues to discuss. Indeed, breakout sessions are slated on a host of topics, including PFML; wage-and-hour mistakes; harassment, discrimination, and why employers get sued; a labor and employment-law update, how to handle requests for reasonable accommodations (there will be a panel discussion on that topic); and how to conduct an internal investigation.

There’s no doubt the #MeToo movement has brought positive change to the business world by creating a safer environment for women (and men) to come forward with accounts of sexual harassment. But what if the claims aren’t true, either because they don’t rise to the legal definition of harassment or they’re completely fabricated? The damage, to both individual and company reputations, can be significant.

As an employment attorney, my job is to help businesses comply with the myriad laws that govern the workplace. No business is immune from workplace problems, and for those who violate employment laws, hefty penalties and damages await. In order to help businesses avoid these problems, I’ve put together a list five costly employment-practice mistakes we frequently come across, with tips for correction and prevention.

The world of labor and employment law is constantly in flux. As attorneys who practice in this area, our business is to learn and help our clients solve problems in this increasingly complex environment. So when we reflect on the past year, we ask ourselves how the law has changed for our clients, what new challenges were introduced, and what new guidance we can offer to help businesses navigate these ever-changing waters. With that in mind, we bring you a summary of last year’s most significant employment-law changes for Massachusetts employers.

H-1B uncertainty could become even more pronounced, with proposed changes to the process. The U.S. Department of Homeland Security (DHS) is considering new rules that would, among other things, require that employers pre-register for the process, according to law firm Skoler Abbott.

Skoler, Abbott & Presser, P.C. attorneys Marylou Fabbo, Ralph Abbott, Jr., and Susan Fentin have been recognized by their peers in the "Super Lawyers" list and attorneys John Gannon and Amelia Holstrom have been recognized by their peers in the "Rising Stars" list.

The minimum wage in Massachusetts has been increased to $12 an hour and it will continue to rise annually. Here to explain how we can expect this adjustment to impact local businesses is Attorney Amelia J. Holstrom, Partner at Skoler Abbott.

Attorneys Evans Cutler & Marylou Fabbo and Herrell's Ice Cream Owner Judy Herrell discuss the "gray area" around recreational marijuana and employment law. Dam removals are one way watershed associations and river groups, like the Nature Conservancy, maintain and conserve waterways and the surrounding lands. Millennial retirement funds are lagging behind those of previous generations.

Businesses that want to avoid being another #MeToo statistic need to take a hard look at their culture and ask: What are we doing to provide a workplace free from harassment? With allegations of harassment and lawsuits on the rise, now is an important time for employers to revisit best practices and take proactive steps aimed at protecting employees and reducing legal risk.

But employment lawyer Marylou Fabbo, a partner at Springfield-based Skoler, Abbott & Presser, said some of her clients have either stopped drug testing outright or stopped testing for marijuana. They fear testing for marijuana would eliminate too many prospective employees from their hiring pool. "I think that's what the majority of companies are doing, to be honest," she said. Employers are allowed, under the law, to test both before and during employment, Fabbo said. It's a message she's been repeating in seminars at meetings and with clients since the marijuana referendum passed in Massachusetts in 2016.

There's now unprecedented legal access to marijuana in Massachusetts. But that doesn't necessarily mean it's OK with employers.

Policies implemented during the Obama administration meant that “transgender individuals were afforded rights that became the subject of disputes over education, dormitories, and in other venues where gender was not seen as biological sex,” Fabbo says. A more narrow definition of gender under the Trump administration would change those protections. “In summary, under the Trump administration’s definition, gender would be the same as biological sex,” Fabbo says. “Depending on the ultimate breadth of the policy, federal recognition of those whose gender on their birth certificates differs from their personal sense of gender may come to an end.”

Three Wilbraham attorneys from Skoler, Abbott & Presser, P.C. have been recognized by their peers in the "Super Lawyers" and "Rising Stars" lists.

Skoler, Abbott & Presser, P.C. announced that Susan Fentin, senior counsel, has retired from the active representation of clients after 20 years with the firm.

The memo is good news for employers because it provides a clear roadmap to evaluate the legality of employer handbook rules and reverts to a more common-sense standard. It also declares several policies lawful that had been declared unlawful by the prior board.

Because there’s no cap to potential damages, a sexual harassment judgment can be costly to employers, said Ms. Holstrom, who advises her clients to reach beyond legal definitions. “I want them to be thinking, ‘Does this behavior belong in my workplace?’ A lot of times behavior that’s inappropriate may not raise to the level of harassment under the law, but it still means you can do something about it.”

It took almost two years, but Massachusetts regulators have finally started to issue licenses to businesses looking to grow, manufacture, distribute, and sell recreational marijuana products in the Commonwealth.

Last month, the Massachusetts Legislature passed the so-called ‘grand bargain’ bill. The new law, which was signed by Gov. Charlie Baker on June 28, will require all private employers — regardless of size — to provide paid family and medical leave to employees. The law also gradually raises the state’s minimum wage to $15 per hour. Here is what businesses need to know about this important legislation.

The Grand Bargain Bill was signed into law by Governor Charlie Baker last month, increasing minimum wage, requiring paid leave for workers and also mandating an annual sales tax holiday. Although the law doesn't go into effect for the next few years, dozens of employers gathered for a seminar on what this means for their businesses Wednesday morning.

In the year that’s passed since President Donald Trump signed the Buy American and Hire American Executive Order, there’s been increased federal scrutiny on the employment-based visa petition process that has made it more difficult for businesses to hire foreign employees.

BusinessWest honored young business and community leaders at the publication's "40 Under Forty" gala held at the Log Cabin and Banquet House on Thursday with more than 600 visitors in attendance.

Business West celebrated it's "40 Under 40" at the Log Cabin Thursday night. The annual event recognizes 40 Pioneer Valley professionals who have achieved success and given back to the community. This year's 40 honorees were chosen from among 180 nominees, including young business owners, politicians, and attorneys.

A salaried employee is one that is paid a fixed rate at set intervals for a job whereas an hourly employee is paid by the hour for work performed. There are pros and cons to paying salary vs. hourly. We’ll discuss the benefits of each type of employee pay, such as ease of administration and accuracy so that you can decide what works best for your small business.

Since President Nixon signed the Comprehensive Drug Abuse Prevention and Control Act in October 1970, the use of marijuana by anybody for any purpose has been flatly prohibited in this country as a matter of federal law. The prohibition lived in relative harmony with state law for the better part of three decades, until 1996, when California voters passed a ballot initiative legalizing the use of marijuana for medicinal purposes by qualifying patients. That act set off a wave of similar action in states across the country, including the 2012 ballot initiative that adopted the Act for the Humanitarian Medical Use of Marijuana in Massachusetts.

Employers facing litigation over wage and hour violations frequently must deal with claims besides those under the Massachusetts Wage Act or the Fair Labor Standards Act (FLSA), which are the state and federal statutes governing wage claims in the Commonwealth. Employees seeking unpaid wages sometimes add other claims to their lawsuits, hoping they may be successful under another theory if their statutory claims aren’t successful. Read on for a discussion of some of those potential causes of action and how to avoid them if you’re faced with a similar set of circumstances.

A school district employer that terminated an employee for inappropriate conduct caused by her disability did not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), according to the U.S. District Court for the Northern District of Illinois.

CHD and the Employers Assoc. of the NorthEast (EANE) will co-present a forum designed for human-resources professionals and business owners on the subject of “Mental Health in the Workplace.” The panel will discuss topics such as identifying mental-health issues with your employees, creating a system of support and resources for your organization, the legalities of supporting employees through mental-health issues, and the importance of setting up a holistic approach to mental wellness.

A new appeals court ruling is just the latest sign of the risks associated with basing salary offers on applicants’ pay history. An 11-judge panel of the U.S. 9th Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—ruled on April 9 that basing a salary offer on an applicant’s compensation at a previous job can be discriminatory under the federal Equal Pay Act.

It’s been almost three years since Massachusetts’ Earned Sick Time Law went into effect (how time flies), but employment-law attorneys still frequently receive questions about the law and the administration of earned sick leave. Like any leave law, the sick-leave law presents unique challenges to employers.

Most companies, especially larger ones, have employee handbooks that detail everything from vacation time to reasons for termination. Yet, too many are content to draft a handbook and shelve it for years, never reviewing it for changes in the regulatory landscape or confusing or contradictory language. In the ever-changing world of employment law, those are mistakes that can prove costly in more ways than one.

Sexual harassment is a topic most people would rather avoid talking about, but since the allegations against Harvey Weinstein emerged, sexual harassment has grabbed the headlines and stayed there. Now, companies are focusing on how to address and prevent workplace sexual harassment.

Verified accounts of sexual harassment in the entertainment industry and political arena have spiraled out of control. Unfortunately, most of the accusations do not involve one-time events that can be chalked up to mistakes in judgment. Instead, employers and others in control took a head-in-the-sand approach, hoping the harassing behavior would magically go away on its own. That type of response puts employers at risk of liability and can damage a company’s reputation in the media far worse than a lawsuit would.

This summer, Massachusetts will enact what many believe to be the most stringent pay-equity legislation in the country. Back in August 2016, Gov. Charlie Baker signed “An Act to Establish Pay Equity,” which amends the state’s existing equal-pay law and goes into effect on July 1, 2018. The intent of the legislation is laudable; it is aimed at strengthening pay equity between men and women in the Commonwealth.

I do a lot of antiharassment training. In the past, much of my training has followed a relatively standard format explaining that Massachusetts employers can be liable for harassment by supervisors even if employees don’t complain and that supervisors can “aid and abet” a hostile work environment by turning a blind eye to problematic situations. I also point out that the fact that no one has protested a sexually charged atmosphere doesn’t mean it’s not a problem for the employer. But the recent flood of news about offensive sexual behavior has caused me to rethink my approach to training.

It seems like a growing trend, people being accused of workplace sexual harrassment. On Thursday, dozens of people gathered at the Colony Club in downtown Springfield, for a ‘Lunch n Learn’ about workplace sexual harassment. It comes in the wake of dozens of celebrities, like Harvey Weinstein, being accused of abusing their power and sexually assaulting women. The luncheon provided employers with information on how to protect their companies’ brand against sexual assault.

During the holiday season, employers may have been faced with a variety of religion-related requests such as whether they may display certain religious icons in their work areas. Throughout the year, employees may want time off to observe certain holy days rather than conforming to the employer’s holiday schedule, request breaks to pray, or seek an exemption from an employer’s dress or grooming standards so that they may express themselves consistent with their religious beliefs. While employers do not question most requests, what should an employer do if it suspects that the requested accommodation is being made to upset a co-worker or that an employee is requesting certain days off to go shopping or take a long weekend?

As 2017 winds to a close, society continues to be rocked by the Harvey Weinstein scandal, the #MeToo movement, and the unending torrent of allegations against prominent and powerful men. We find ourselves wondering what happened. Or, more importantly, how this has been going on for so long, seemingly undetected. But sexual harassment isn’t a new problem. And it’s not a problem that went away and is just now returning. No, sexual harassment has always existed, in one form or another. After the Mad Men era, perhaps it became a bit more taboo, and less an accepted norm, but it did not go away. So why now?

One of the most common features of collective bargaining agreements is the right to have an independent arbitrator decide whether an employee was disciplined for “just cause.” That right is a “game changer” because giving a third-party arbitrator the last word on employee discipline is a considerable check on an employer’s authority to enforce its rules of conduct. In 2015, we reported on a trial court’s decision in a case involving arbitration (see “Standoff between city and cop shows downside of arbitration” on pg. 4 of our September 2015 issue). Now we have the benefit of a decision from Massachusetts’ highest court.

It’s an announcement that shocked millions of viewers across the country. Today Show Host Matt Lauer was fired by NBC News Wednesday, making him the second morning television show personality to lose his job this past week over alleged sexual misconduct in the workplace.

Ever finish interviewing a job candidate and wonder if you’ve asked enough questions—or maybe asked too many? Worse, do you wonder what problematic questions others involved in the hiring process may have asked? The human resources department probably trains managers on the do’s and don’ts of interviewing, but in spite of that training, hiring managers sometimes delve into areas that can expose employers to discrimination claims.

Girl Scouts of Central and Western Massachusetts (GSCWM) announced the recipients of the inaugural ToGetHerThere Awards. The five award recipients have a shared vision of creating a culture of creativity and caring, where young women feel confident in their ability to work hard, dream big, and face with courage any obstacle that stands in the way of making their dreams come true. The winners have affected hundreds of lives and serve as role models for other organizations grappling with how to support underserved members in their communities.

Although a new version of the Form I-9 became mandatory only earlier this year, on July 17, 2017, the U.S. Citizenship and Immigration Services issued yet another revised Form I-9. On Sept. 18, 2017, use of the new Form I-9 will be mandatory, but employers who want to do so can start using it now. For many companies, a new I-9 presents a new opportunity to make an I-9 error, and those errors can be costly.

It happens all the time – an employee takes a job-protected leave of absence for a medical condition and, when her available leave expires, he or she asks for more time . . . and then more still . . . and more again.

(See page 24.) It’s long been illegal for Massachusetts employers to pay women less than men (or men less than women, for that matter) for comparable work. In fact, Massachusetts was the first state ever to implement an equal pay law, with the passage of the Massachusetts Equal Pay Act in 1945. So why is it that, over 70 years after the state outlawed pay discrimination, women, as a whole, still do not earn as much as their male counterparts?

Many state and federal employment laws provide a path for litigious employees to individually sue their managers or supervisors, while at the same time suing the employer as a completely separate entity. These laws can put managers and supervisors in the dreadful position of having to personally defend themselves in a lawsuit, while exposing their personal assets (home, car, bank accounts, etc.) to risk if the plaintiff is successful. It also means having to pay defense costs and attorney’s fees regardless of how the case turns out.

Anyone tasked with wading through stacks of resumes and talking to applicants lined up for interviews understands how frustrating and time-consuming hiring can be. It’s understandable that people in charge of hiring crave out-of-the-box solutions. But how far should employers go in their efforts to weed out applicants who clearly won’t be a good fit?

Can a job applicant be rejected because of medical-marijuana use? Can employees be let go for lawfully using narcotic pain medications, such as prescription opioids? These are questions without easy answers.

SPRINGFIELD — Skoler, Abbott & Presser will present a talk on how the Trump Administration mandates could potentially affect employers at the Springfield Regional Chamber Lunch ‘n Learn on May 10, 2017 from 11:30 a.m. to 1 p.m. at Lattitude restaurant, 1338 Memorial Ave., West Springfield.

Last summer, the U.S. Occupational Safety and Health Administration (OSHA) announced a number of regulatory changes that are designed to improve employee safety. For organizations that have not yet taken a look at how the rule may impact their company’s policies and procedures, now is the time to do so.

Skoler, Abbott & Presser, P.C. invites business owners, managers, and human-resource professionals to an informative webinar outlining ways to review compensation practices to address gender pay-gap issues and minimize legal liabilities. The webinar will be held Wednesday, April 5 from 1:30 to 3 p.m. and hosted by attorney Amelia Holstrom of Skoler, Abbott & Presser, P.C.