Your Questions and Our Responses
March-15-11
Parental Leave Requirements
Question: We are a small Massachusetts employer (currently 12 employees) and have a male employee who will soon be adopting a child. Are we required to provide leave to the employee? Answer...
January-15-11
Criminal Background Checks of Potential Employees
Question: I understand that Massachusetts law now generally precludes an employer outside of the law enforcement/security arena, such as ours, from inquiring about criminal histories of potential employees at the “application stage.” When can we make such inquiries? Answer...
November-15-10
Unemployment Benefits:
Eligibility When Collecting Social Security and a Pension
Question: I was just laid off after thirty years with the same employer. I am 67 years old but had planned to work (and would still like to work) for several more years. I collect social security and have just submitted my paperwork to start receiving my pension from my former employer. Am I eligible to receive unemployment benefits in Massachusetts? Answer...
September-15-10
Unemployment Benefits:
Eligibility When Becoming Self-Employed
Question: I am currently collecting unemployment benefits but have started the process of establishing my own business. At what point will I no longer be eligible to receive unemployment benefits? Answer...
May-15-10
Unpaid Interships Under Wage and Hour Law
Question: Question: We are a Massachusetts company and are considering bringing several unpaid interns into the workplace for the summer. They are college students who will be conducting research and performing administrative tasks. They will not be earning course credit but we anticipate that they will have a great learning experience – will this arrangement be legal under applicable wage and hour laws? Answer...
March-15-10
US Discrimination Law Application to Foreign Employer Sites
Question: We are a Massachusetts company with offices in Europe. Do our European offices need to be concerned with United States discrimination laws? Answer...
January-15-10
Obtaining Enforceable Release From Laid Off Employees
Question: We are a Massachusetts company with a branch office in Florida. Due to a slowdown in business, particularly in Florida, we have decided to trim our administrative staff in Florida from six to four. We intend to offer severance pay to these employees in return for a waiver and release. One employee is in her twenties and the other in his forties. While we are secure in the conduct of this separation and understand notices and forms to be provided, should we have any concerns regarding the drafting of the waiver and release? Answer...
November-15-09
Requiring That Sponsored Foreign Workers Pay Travel Costs
Question: We are a Massachusetts employer in the process of sponsoring two foreign workers under the H2-B visa program. We understand that we must pay certain filing fees and other costs relating to the visa but are we required to reimburse to the employee the cost of his travel into the United States? Answer...
September-15-09
Termination Requirements
Question: We are a Massachusetts employer with about fifty employees. We recently let go of an employee who demanded/requested the reason for his termination in writing. Is there any requirement that we provide a written reason for termination? Answer...
July-15-09
COBRA changes under the American Recovery and Reinvestment Act of 2009 ("ARRA").
Question: We will soon be laying off a small group of employees and want to make sure we correctly comply with COBRA, which we understand recently changed. Can you explain the recent amendments to COBRA which allow a premium reduction for terminated employees? Answer...
May-15-09
Massachusetts Data Security Laws
Question: As a Massachusetts employer, how do the new Data Security Laws affect me? Answer...
March-15-09
Severance Pay and Unemployment Benefits
Question: I recently lost my management level position with a Massachusetts employer as part of a large layoff. My employer provided me with several months of severance pay - to be paid on regular payroll dates over the next several months. In order to obtain the severance benefits I was required to execute a waiver and release of rights, agreeing never to sue my former employer for any issue arising during my employment. When can I start collecting unemployment? Answer...
January-15-09
Drug Testing
Question: Our company wants to implement a drug testing program for applicants to certain sensitive positions. Are we required to also test current employees in these positions? Answer...
December-15-08
Terminating Employees
Question: We are a 15-employee company and, unfortunately, have to lay off several employees due to the tough economic times. What compensation or information are we required by law to provide to our terminated employees? Answer...
November-15-08
Recent Amendments to the Americans With Disabilities Act
Question: We are a 100-employee Massachusetts company and we have been getting bombarded with Human Resources managment firm and law firm marketing materials regarding amendments to the Americans with Disabilities Act. What do we really need to be concerned with? Answer...
October-15-08
FMLA leave and exempt employees
Question: We have an exempt employee who is undergoing weekly medical treatment causing him to miss one-half of one day of work per week. We expect the treatment to continue for up to sixteen weeks and have designated the missed time as unpaid FMLA leave. The employee's usual work week is 50 hours. Do we destroy his exempt status by paying him for only four and one half days of work - 45 hours? Answer...
September-15-08
I-9 Forms
Question: We have been using the new I-9 forms since January 2008. At a recent meeting of human resources managers, one group member stated that her company required ALL employees to complete the new I-9 forms because the "identity documents" shown by the employee when hired may no longer be acceptable. My sense is that this is unnecessary. Am I correct? Answer...
August-15-08
Accessing Employee E-Mails
Question: We suspect that one of our employees has been disseminating inappropriate e-mails to people outside the company and would like to access his workplace e-mail database. Can we do this without violating his privacy rights? We are a Massachusetts employer. Answer...
July-15-08
Personnel Record Requests
Question: We recently received a request from a former employee for a copy of her personnel file. We keep any and all employment-related documents in employee files but want to know what the law requires us to do. Please advise. Answer...
June-15-08
Harassment v. Illegal Harassment
Question: I own a small company (ten employees and three supervisors). Recently, an employee reported to me that he was being “harassed” by his supervisor and that he was thinking of talking to a lawyer about it. He indicated that his supervisor unfairly criticized him for another employee’s mistake, that he has given this employee more difficult assignments than his co-workers (who are also male) and that he heard the supervisor use foul language. I am concerned that an employee feels picked on but very troubled by his use of the term “harassment” and the thought of the employee going to a lawyer. Should I be concerned? Answer...
May-15-08
Use of Vacation, Sick or Personal Time During Family/Medical Leave
Question: I am the HR manager for a Massachusetts company with about 100 employees. Our medical leave policy mirrors the federal Family Medical Leave Act. Our FML policy requires employees to use any accumulated vacation and personal time during the course of an employee’s family/medical leave. An employee recently informed me that she is expecting a baby and will be taking medical leave after the baby is born. She has indicated that she does not want to use her accumulated vacation time while on family/medical leave because she wants to have it available after her return to work in case she needs it for child care purposes. We do not want to deviate from our company policy. Can you provide some guidance? Answer...
April-15-08
Complying with both State and Federal Wage and Hour Laws
Question: My business partner and I have decided to open a bistro which will serve breakfast, lunch and dinner. Because some employees may initially work more than forty hours per week I am concerned with overtime law compliance. I understand that the Office of the Massachusetts Attorney General enforces overtime laws and I called their hotline but was informed that Massachusetts’ overtime law specifically exempts restaurants from the overtime pay requirements. I am still uncomfortable, however, because I know that friends in the industry pay their staff time and one-half for overtime. Can you provide some guidance? Answer...
March-15-08
Tip Pooling/Service Charges
Question: I own a restaurant that also caters functions and large group affairs. Our final invoice for large groups includes a “service fee” of 20%, of which 3% is retained by management to help defray administrative costs and the remaining 17% is distributed to the wait staff and other service employees. Is this practice legal? Do you recommend another practice? Answer...
February-15-08
Terminating an Employee
Question: We are a young company with approximately 15 employees. For the first time, we are faced with an employee – who has been with us less than a year – with substantial performance problems. We have made the decision to terminate the employee but want to make sure we do so the right way, in both a business and legal sense. Can you provide some general guidance? Answer...
January-15-08
Telecommuting Employees
Question: Our company headquartered in Massachusetts has over 100 employees. A small number of our employees (currently four) work remotely from their homes. We would like to maintain a flexible work environment which includes part-time schedules, flex-time and telecommuting opportunities, depending, of course on business needs. Should we adopt a formal telecommuting policy? Answer...
