FMLA and Caring for Aging Parents

March 29, 2018 |

A client posed a variation on the following question to me: “I have an employee whose father is going in for surgery.  She has requested FMLA leave, and I understand his surgery would be considered a serious health condition.  However, she has a mother and sister who are also available to care for her father.  […]

WWYLD – 03/28/18 – Early Termination of COBRA Coverage

March 28, 2018 |

In this week’s “What Would Your Lawyer Do” post, we take on a continuation of healthcare coverage, or “COBRA,” issue.  Generally, an individual may be entitled to COBRA for a maximum of either 18 or 36 months, depending on the nature of the basis for entitlement (the “qualifying event”).  But, coverage can be terminated before […]

When Employee Performance/Discipline and Disability Accommodation Are Involved, Documentation is Everything.

March 22, 2018 |

Under the law, the Americans with Disabilities Act requires employers to engage in what is called the interactive dialogue with any employee who requests accommodation for a disability. However, in reality, the ADA rarely (if ever) appears in the workplace when an employee proactively states: “I need accommodation for my recognized disability!” It is far more […]

WWYLD – 03/20/18 – Is There a Timeline for “Temporary?”

March 20, 2018 |

A few weeks ago, Angela Snyder wrote about the DOL’s new guidance regarding interns. In her article, Angela discussed considerations related to intern pay. Another issue that often arises with regard to interns is employment status—should the intern be hired as a “regular” or “temporary” employee? That’s the topic of this week’s WWYLD. Question: Our […]

Un-“PAID” Is a Better Option

March 19, 2018 |

The U.S. Department of Labor unveiled its new Payroll Audit Independent Determination (PAID) program. For many employers, the downside of this program will outweigh the upside.

WWYLD – 03/16/18 – Time Off Under FMLA to Care for an Adult Child

March 17, 2018 |

Question:  An employee is requesting time off to be with her adult daughter who is having a procedure done at the hospital.  Could the employee be entitled to FMLA leave? This employee could be entitled to FMLA leave, but the employer may request additional information to definitively determine entitlement.  The employee’s eligibility for FMLA leave […]

When A Salary History Ban Includes More Than Just Salary…

March 13, 2018 |

As salary history bans continue to be enacted throughout the U.S., our clients are expressing increased anxiety over how exactly they should comply with this aspect of the pay equity trend sweeping the states. The reason for the confusion? Most of the laws prohibit employers from requesting compensation information without specifically defining what that means. […]

Equal Pay Is Coming Your Way

March 12, 2018 |

Our Pay Equity Audit is designed to help your Massachusetts team achieve compliance with the new law and create a rolling affirmative defense to a gender-based pay equity claim. No worries, if you are not located in Massachusetts, we have other state specific Pay Equity Audits. We stand ready to help and can be reached at questions@foleylawpractice.com or 508-548-4888.

What International Women’s Day Means for Your Business

March 8, 2018 |

March 8, 2018, is International Women’s Day and this year it is getting a lot of attention. Does anyone remember what went on last year? Or the prior 109 years it was celebrated? Thought not. McDonalds is turning its Golden Arches upside down. Google is trading its logo to one highlighting 12 women artists and […]

Has your Massachusetts business misclassified employees as independent contractors? It could be a costly error…

March 7, 2018 |

Courts in Massachusetts continue to strictly interpret and apply the state’s independent contractor law: the state favors employment status.  On February 27, 2018, the Appeals Court of Massachusetts (AC) ruled that GateHouse Media Massachusetts I, the publisher of the Patriot Ledger, misclassified David King, a newspaper delivery driver, as an independent contractor (2018 WL 1058352). […]

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