Category Archives: Uncategorized

Creating a Culture of Workplace Safety

More than half of social workers employed in Massachusetts have been physically assaulted in a work related incident.  After Diruhi Mattian, a therapist, was murdered by a client in 2008, the Massachusetts Chapter of the National Association of Social Workers … Continue reading

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When Workplace Romance Goes Wrong

After working together for a number of years, Dr. Melissa Gerald, a scientist previously employed by the University of Puerto Rico, and Dr. Edmundo Kraiselburd, her supervisor, had a week-long sexual affair at an out-of-town conference.  When they returned home, … Continue reading

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Statement by NLRB Chairman on Recess Appointment Ruling

In response to the Court of Appeals for the D.C. Circuit decision that President Obama’s recess appointments were invalid, NLRB Chairman Mark Gaston Pearce issued the following statement: “The Board respectfully disagrees with today’s decision and believes that the President’s … Continue reading

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Federal Appeals Court Ruling Calls Recent NLRB Decisions into Question

What if the decisions of the NLRB over the last year were suddenly deemed invalid?  While seemingly unlikely, a federal appeals court ruled last Friday that President Obama’s recess appointments, which date back to January 2012, were unconstitutional.  In Canning … Continue reading

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WHAT TO SAVE & WHAT TO SHRED: STATE AND FEDERAL RECORDKEEPING REQUIREMENTS

Documents . . . documents . . . and more documents.  Now that it is the new year, it is a good time to be thinking about the documents you must hang on to versus the ones you can purge; … Continue reading

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Connecticut Appellate Court Finds its State Anti-Discrimination Law Does not Recognize Perceived Physical Disability Claims

On Monday, August 6, 2012, in Desrosiers v. Diageo North America, the Connecticut Appellate Court ruled that a perceived physical disability is not protected under Connecticut anti-discrimination law. In reaching its decision, the court found that the phrase “regarded as” … Continue reading

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An Employer’s Dilemma: Requests for Indefinite Leave

What do you do when an employee exhausts 12 weeks of Family Medical Leave Act (FMLA) leave and is unable to return to work? This is a dilemma employers are often faced with. Do you terminate the employee? Or do … Continue reading

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One Size Doesn’t Fit All: Enforceability of Restrictive Employment Covenants

New Hampshire’s recent enactment of legislation relating to non-compete agreements serves as a reminder to employers that if not properly drafted, restrictive employment covenants such as non-compete, non-solicitation, and non-disclosure agreements may be unenforceable. A “non-compete” agreement prohibits employment in … Continue reading

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Paid Sick Time Bill on Hold . . . For Now

A Massachusetts bill that would require companies with more than six (6) employees to provide paid sick time has been put on hold. However, supporters of mandated paid sick leave will very likely re-introduce the proposal when the Legislature begins … Continue reading

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Reducing Liability in Employment Discrimination Cases: The Importance of Documentation

One of the most important preventative steps employers can take toward reducing liability is proper documentation of disciplinary actions. Imagine you have an employee who has been with your company for several years. He or she has a documented history … Continue reading

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