Category: Massachusetts
The Bay State Rules Qualified Medicinal Marijuana User Has Civil Remedy Against Her Employer
Last week, the Supreme Judicial Court of Massachusetts issued an opinion in Cristina Barbutos v. Advantage Sales and Marketing, LLC, SJC-12226 (Ma. July 17, 2017), finding that an employee qualified to use marijuana under the Commonwealth's medicinal marijuana statute had a cause of action against her former employer through...
Marijuana is Legal in Massachusetts . . . Now What
On Tuesday, Massachusetts residents legalized marijuana for recreational purposes. How does this effect your relationship with your employees and what steps should you be taking in the near future? First, the statute includes an employment provision which provides that: "This chapter shall not require an employer to permit or...
When Pain and Suffering is Anything But
In Massachusetts, as in many states, when an employee is injured in the course of work, but the injury is caused by a third party, the employee is entitled to receive workers' compensation benefits and also seek damages from the third party. For example, employee Ernie is driving the...
Individual Liability for Violators of New Massachusetts Gender Identity Public Accommodation Statute
Effective October 1, Massachusetts business owners who operate "places of public accommodations" will be prohibited from discriminating against individuals on the basis of gender identity. Specifically, An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement that lawfully segregates or separates...
New Massachusetts Equal Pay Law is not Effective Until January 1, 2018, But Employers Should Pay Attention Now
On August 1, 2016, Massachusetts Governor Charlie Baker signed into law sweeping changes to the state's prohibition on discrimination in pay on the basis of an employee's gender. The law is one of the most aggressive equal pay laws passed in the United States and contains unique provisions to...
Scheme to Avoid Employer Liability Results in Consent Judgment
Using a staffing company to supply workers can seem to be a wonderful way to secure a qualified workforce while avoiding the challenges of hiring employees and the administrative demands associated with having so many people in your employ. Probably for these very reasons United Plastics contracted with ASI...
Hospital Shows Undue Hardship in Permitting Employee who Refused Influenza Vaccination to Maintain Patient-Care Position
Earlier this month, a District of Massachusetts court issued an opinion which held in part that that a hospital's refusal to permit an employee to maintain a patient-care position after refusing an influenza vaccination on account of religious beliefs was proper. The plaintiff in the matter was an administrative...
Come All Ye Faithful: Catholic School Receives Coal for Christmas in Recent Massachusetts Ruling
Last week, a Massachusetts state court ruled on a motion for summary judgment finding that an all-girls Catholic School (Fontbonne Academy in Milton, Massachusetts) had violated Matthew Barrett's civil rights when it withdrew a job offer after Barrett listed his husband as his emergency contact person on the school's...
Jury Finds "Food with Integrity" Terminated with Integrity Despite EEOC’s Claims to the Contrary: Jury Verdict Returned in Chipotle’s Favor after ADA Battle
On Monday, Judge F. Dennis Saylor IV of the District of Massachusetts entered judgment in favor of Chipotle Mexican Grill, Inc., after a five-day trial concluded on August 7, with a jury finding in favor of Chipotle Mexican Grill on a disability discrimination claim brought by former employee Amanda...
SHOW ME THE MONEY....At the Right Time and In the Appropriate Form, Please
Wage payment and the laws that regulate it are important to your business. Making sure you can cover payroll each month is extremely important to most small businesses, as is making sure that no liability is created in how those wages are paid. The last few weeks have brought...
