Attorneys in the News
News articles by and about Skoler Abbott Attorneys.
Articles with the HR logo are reprinted from HR Hero’s Massachusetts Employment Law Letter.
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Should Employers Require Employees Get The COVID-19 Vaccine?
Should Employers Require Employees Get The COVID-19 Vaccine?
Employers have a key role to play in ensuring the successful rollout of COVID-19 vaccines and that people are safe at work. Many employers may wish to adopt vaccine mandates, especially if their employees work in close contact with others. But before doing so, employers need to consider a number of things.Read More -
Can decisions you made over the holidays cause you to get fired?
Can decisions you made over the holidays cause you to get fired?
Normally, what you do after work hours is none of your company’s business. But nothing is normal during a pandemic! Can decisions you made over the holidays cause you to get fired? Employment law attorney Timothy Murphy from Skoler, Abbott & Presser joins us with his expert advice.Read More -
How Does the Department of Labor Affect Small Business?
How Does the Department of Labor Affect Small Business?
According to John Gannon, partner at Skoler, Abbott & Presser, "the most important [federal laws governed by the DOL] for businesses are the Occupational Safety and Health Act, the Fair Labor Standards Act, the Family Medical and Leave Act, Executive Order 11246 (which governs those who contract with the federal government), and the Employee Retirement Income Security Act (ERISA)."Read More -
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Meaghan Murphy Joins Skoler, Abbott & Presser
Attorney Meaghan Murphy Joins Skoler, Abbott & Presser
Attorney Meaghan Murphy recently joined Skoler, Abbott & Presser, P.C., a labor and employment law firm serving employers in Massachusetts and Connecticut.Read More -
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Amelia Holstrom Joins Board Of Directors At ERC5
Attorney Amelia Holstrom Joins Board Of Directors At ERC5
Attorney Amelia Holstrom, a partner at Skoler, Abbott & Presser, P.C., has joined the board of directors for the East of the River Five Town Chamber of Commerce (ERC5).Read More -
Legal considerations when hiring an in-home tutor or childcare provider
Back to School Week: Legal considerations when hiring an in-home tutor or childcare provider
(Mass Appeal) – Many parents are scrambling to line up tutors or childcare because of distance learning plans in some area communities. If you’re planning to pay someone to come to your home, you should understand the legal implications. Depending on regularity and pay rate, they may be legally seen as your employee. There are additional considerations if you’re teaming up with other parents for shared care arrangements. Here with advice is Attorney John Gannon, a Partner at Skoler. Abbott & Presser.Read More -
Attorney Timothy Murphy was listed in The Best Lawyers in America© 2021
Timothy Murphy From Skoler, Abbott & Presser Honored By Best Lawyers®
Skoler, Abbott & Presser, P.C., an employment law firm serving employers in the greater Springfield and Worcester areas, today announced that one of its partners, Attorney Timothy Murphy of Wilbraham, was listed in The Best Lawyers in America© 2021. He was recognized in three fields: Employment Law-Management, Labor Law-Management, and Litigation-Labor and Employment.Read More -
Working Parents Suffering Pandemic Stress, But Employers Can Help
Working Parents Suffering Pandemic Stress, But Employers Can Help
“Understandably, employers have a significant interest in employee productivity and ability to focus on their work,” Marylou Fabbo, an attorney with Skoler, Abbott & Presser P.C. in Springfield, Massachusetts, says.Read More -
Families First Coronavirus Response Act
How The Families First Coronavirus Response Act May Affect Your Business
A sharply divided Congress is coming together to try to mitigate the crisis. Its first emergency measure? Legislation called the Families First Coronaviru Relief Act (FFCRA). It imposes significant new obligations on all private employers with fewer than 500 employees.Read More -
Coronavirus and sick time
Self Quarantine's Impact on Employee Sick Time
Western Mass news spoke with Erica E. Flores regarding the spread of the Coronavirus and the two week quarantine time on sick leave.Read More -
2019 Employment Law Year in Review
From Paid Family Leave To Non-Competes, It Was A Time Of Real Change
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.Read More -
On-Call Nurses validate sick calls
Chipotle Has Nurses Check That Employees Who Call in Sick Really Are
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.Read More -
Workplace Romances
McDonald’s CEO’s ouster reflects trend on workplace romances
“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.Read More -
SAP Women Recognized
Three female attorneys at Skoler, Abbott & Presser, P.C. receive state recognition
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.Read More -
What to Expect When…
Things Employers Need to Consider When Employees Take Parental Leave
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.Read More -
Paid Family and Medical Leave
Paycheck contributions to family, medical leave program begin
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 benefitsRead More -
Paid Family and Medical Leave
Breaking down the changes in the state’s paid family and medical leave laws
Attorney Amelia Holstrom appears on WWLP Mass Appeal to discuss the Massachusetts Paid Family and Medical Leave Law.Read More -
Nature of Employee's Outburst at issue
NLRB Seeks Opinions On Foul Language At Work Protections
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).Read More -
2020 Lawyer of the Year
Attorney Timothy F. Murphy recognized as 2020 ‘Lawyer of the Year’ in Springfield by The Best Lawyers in America
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.Read More -
A Disturbing Trend
Study Suggests #MeToo Leading to More Gender Discrimination
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.Read More -
Paid Family and Medical Leave
Here Are Five Things Employers Should Be Doing — Now
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.Read More -
Skoler Abbott Hosts Annual Employment Law Conference
Law firm hosts conference on new employment laws in Massachusetts
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.Read More -
How Will Marijuana Affect the Workplace In Massachusetts
Workshop on Marijuana and the Workplace Slated for May 14
MassHire Holyoke Career Center will host a workshop titled “How Will Marijuana Affect the Workplace In Massachusetts” with Attorney Erica Flores presenting.Read More -
Just like with alcohol, it’s not okay to be intoxicated where you’re working
Marijuana is legal in Massachusetts, but your boss doesn’t have to allow it -- yet
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.Read More -
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That’s One Item On The Agenda At Employment Law Conference
Understanding PFML
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.Read More -
A Sometimes Fine Line
Not All Accusations Of Sexual Harassment In The Workplace Are Valid
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.Read More -
Knowledge is Power
Five Employment-Law Mistakes To Avoid In 2019
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.Read More -
A Summary Of Employment-Law Highlights In 2018
Checking the Rearview
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.Read More -
HR Dive mentions Skoler Abbott's H-1B Regs blog
Proposed H-1B regs would require employers to pre-register
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.Read More -
Skoler Abbott attorneys listed in Super Lawyers and Rising Stars
Attorneys selected to 2018 'Super Lawyers' and 'Rising Stars' lists
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.Read More -
2019 Massachusetts Minimum Wage
How minimum wage changes may impact local businesses and employees
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.Read More -
Marylou Fabbo interviewed by WGBY
Connecting Point
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.Read More -
John Gannon and Amelia Holstrom comment on The #MeToo Movement
The #MeToo Movement Is Generating Workplace Change
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.Read More -
Marylou Fabbo comments on drug testing in the workplace
Marijuana is legal -- but so is firing an employee who tests positive for using it
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.Read More -
NPR interviews Marylou Fabbo about recreational marijuana in the workplace
Pot's Legal In Mass., But Attorneys Say Bosses Can Still Fire You For Smoking It
There's now unprecedented legal access to marijuana in Massachusetts. But that doesn't necessarily mean it's OK with employers.Read More -
Marylou Fabbo comments on possible federal gender policy change
Defining Gender: Employers May See Fallout from Possible Federal Policy Change
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.”Read More -
Skoler Abbott attorneys from Wilbraham listed in Super Lawyers
Attorneys selected to 2018 'Super Lawyers' list
Three Wilbraham attorneys from Skoler, Abbott & Presser, P.C. have been recognized by their peers in the "Super Lawyers" and "Rising Stars" lists.Read More -
Susan Fentin Retires From Skoler, Abbott & Presser
Susan Fentin Retires From Skoler, Abbott & Presser After Two Decades
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.Read More -
NLRB provides guidance on handbooks
Trump’s NLRB Provides Employers More Guidance On Handbooks
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.Read More -
What Can Employers Learn From the #MeToo Movement?
Speaker Amelia J. Holstrom says laws unchanged since start of #MeToo movement
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.”Read More -
How Will Availability Of Recreational Marijuana Affect The Workplace?
Talking Pot by Erica E. Flores
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.Read More -
Are You Ready For The New Paid Family And Medical Leave Law?
A Grand Bargain for Business? by John S. Gannon and Amelia J. Holstrom
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.Read More -
Springfield area law firm hosts seminar on Grand Bargain Bill
WWLP covers Grand Bargain Bill seminar hosted by Skoler Abbott
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.Read More -
H1-B Visa Petitions
The Impact Of ‘America First’ On Employment-Based Immigration
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.Read More -
Seen@ The 2018 BusinessWest 40 Under Forty gala at The Log Cabin
Erica Flores recognized as one of BusinessWest's 40 Under Forty for 2018
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.Read More -
"40 Under 40" honors young Pioneer Valley professionals
WWLP coverage of the BusinessWest 40 under Forty Class of 2018
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.Read More -
Salary vs. Hourly — Which is Right for Your Small Business
Marylou Fabbo talks to FitSmallBusiness about methods for paying exempt and non-exempt employees
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.Read More -
Accommodating Employee Use of Medical Marijuana
Erica Flores helps employers navigate the murky waters of Medical Marijuana in the workplace
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.Read More -
Software company faces hard problems over unpaid commissions
Susan Fentin highlights potential liability when considering a RIF
Read MoreEmployers 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.
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Unacceptable Behavior Not Excused by Mental Illness
Kimberly Klimczuk recaps an important court ruling for the Americans with Disabilities Act
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.Read More -
CHD, EANE Offer Free Forum on Mental Health in the Workplace
John Gannon sits on a panel for an important discussion on employee mental health
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.Read More -
Equal Pay Ruling Supports Trend Against Asking Applicants for Salary History
Erica Flores discusses the risks of basing pay on salary history
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.Read More -
Sick-leave Law Continues to Present Challenges for Employers
Kimberly Klimczuk answers common questions on the Earned Sick Time Law
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.Read More -
The Benefits and Pitfalls of the Employee Handbook
John Gannon talks to BusinessWest about the ins and outs of Employee Handbooks
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.Read More -
Springfield Workplace Sexual Harassment Forum
Erica Flores presents the legal risks of sexual harassment in the workplace
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.Read More -
Sexual Harassment: Lessons for Employers Following Recent Decisions
John Gannon shares important takeaways from recent sexual harassment decisions
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.Read More -
With July 1 Just Around the Corner, Employers Must Be Ready
Skoler Abbott attorneys help employers prepare for new Pay Equity Law
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.Read More -
Thoughts on sexual harassment – a personal perspective
Susan Fentin shares her experience with sexual harassment to aid understanding
Read MoreI 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.
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Luncheon provides sexual harassment avoidance knowledge
Erica Flores discusses workplace sexual harrassment at Chamber event
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.Read More -
Accommodating Religions in the Workplace
Marylou Fabbo examines religious accommodations with BusinessWest
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?Read More -
Lessons from the #MeToo Wave
Erica Flores provides insight on the #metoo movement with BusinessWest
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?Read More -
Arbitration frustration: choking on SJC’s decision to uphold officer’s reinstatement
Timothy Murphy discusses a recent decision involving the downside of arbitration
Read MoreOne 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.
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Sexual harassment in the workplace: What crosses the line?
John Gannon talks to WWLP about workplace sexual harassment scandals
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.Read More -
False assumptions, ill-advised questions just a few hiring hazards to avoid
Kimberly Klimczuk offers guidance on avoiding hiring pitfalls
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.Read More -
Girl Scouts Announce Winners of ToGetHerThere Awards
Timothy Murphy wins 'Man Enough to Be a Girl Scout' award
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.Read More -
Foreign Affairs – There’s No Better Time Than Now to Audit Your I-9s (07-30-17)
Marylou Fabbo discusses auditing I-9’s in Healthcare News
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.Read More -
1st Circuit: ADA leave requests must be reasonable on their face (08-23-17)
Erica Flores explores a court decision that could impact employee leave requests
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.Read More -
A Closer Look at Massachusetts’ Equal Pay Legislation (06-23-17)
Massachusetts Lawyers Journal features Kimberly Klimczuk’s look into pay equity
(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?Read More -
Recent Decision Reinforces Personal Liability in Employment Law (06-13-17)
John Gannon provides insight on supervisor liability with BusinessWest
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.Read More -
‘Snowflake’ test: Legitimate hiring tactic or invitation for trouble? (05-31-17)
Susan Fentin shares her concern about “snowflake” testing job applicants
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?Read More -
Questions of Substance – How Can Employers Fight Addiction While Limiting Liability (04-20-17)
John Gannon answers burning questions on employee drug use for Healthcare News
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.Read More -
Lunch ‘n’ Learn Focuses on the ‘Trump Effect’ (04-20-17)
Join Skoler Abbott’s Amelia Holstrom for an in-depth look into the “Trump Effect”
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.Read More -
New Anti-retaliation Provisions Pose Challenges for Employers (04-05-17)
Marylou Fabbo analyzes OSHA’s new rules for BusinessWest
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.Read More -
Webinar on April 5 to Help Businesses Address Gender Pay-gap Issues (04-05-17)
Amelia Holstrom hosts enlightening webinar on the gender pay-gap
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.Read More