Philip Gordon

Employers must pay wages in full and on time or else pay treble damages.  So says the Massachusetts Wage Act, and finally, in an opinion released on April 4, 2022, so says the Supreme Judicial Court of Massachusetts in Reuter v. Methuen. The Wage Act has a long history in Massachusetts, ... Read More

A big day!  In a rare moment of broad bi-partisan support, Congress and the President enacted groundbreaking legislation that will end forced arbitration for workers who are victims of sexual assault and harassment at work.   “Forced arbitration shielded perpetrators and silenced survivors, enabled employers to sweep episodes of sexual assault and ... Read More

Liz Kislik does it again, with a terrific article in Harvard Business Review on flexible work policies: https://hbr.org/2021/10/creating-flex-work-policies-when-everyone-has-different-needs  She works through a set of best practices for creating policies that take into account real employee needs and align them with an employers business interests and brand. It’s a good read ... Read More

In an increasingly broad effort to uncover unlawful acts in the workplace, California now prohibits severance agreements that restrict an employee’s right to disclose unlawful acts of discrimination, harassment, or retaliation in the workplace. The “Silenced No More Act” will eliminate secret settlements often used to cover up cases ... Read More

New York City Council passes six bills today protecting gig economy workers. The legislation, all expected to be signed by Mayor de Blasio, provide sweeping protections for delivery drivers and hotel workers. The bills include new requirements for minimum pay, bathroom access, distance and route limits, recordkeeping, requirements to provide ... Read More

Governor Baker signed an emergency law extending Massachusetts COVID-19 Emergency Paid Sick Leave to April 1, 2022. The law also expands the reasons for taking leave to now include taking care of family members who need vaccinations or are recovering from a vaccination.

Some welcome news for employees now struggling with “long COVID”:  the EEOC has just announced that long COID may be a disability under the Americans with Disability Act (ADA) and Section 501 of the Rehabilitation Act:  https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html If long COVID substantially limits one or more of your major life activities, you ... Read More

Our office gets calls every day from workers with concerns.  The short answer is, yes, under most circumstances your employer can require vaccination.  Typically, the mandate must be job related and consistent with business necessity.  This can include a requirement that an individual “not pose a direct threat to the ... Read More

The “grand bargain” tucked into the Economic Stimulus package will bring some changes to hourly wage ruled rules, phasing out the holiday premium pay by 2023 and broadening the definition of “wait staff employee” covered by the Wage Act.  Under the new laws, employers will no longer be required to ... Read More

In response to the pandemic, the Federal District Court in Massachusetts just precluded an employer from firing an employee who said he was unable to work in the office due to a disability – he has asthma and is concerned about illness from Covid. In May 2020, Gabriel Peeple’s employer, Clinical ... Read More