Human Resources & Employment Law
Employers encounter government most frequently amid the complex laws and regulations governing the relationship between employers and workers.
Employment law covers issues ranging from classifying independent contractors and preventing discrimination to National Labor Relation Board decisions on dealing with unions. Laws and regulations come from all directions - Beacon Hill, Capitol Hill, state agencies, the courts, federal bureaucracies and even international bodies.
Look to AIM for real-time information and analysis of the HR and Employment Law issues that affect you.
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Maintaining the Current Minimum Wage
Some three-quarters of Massachusetts employers would see their compensation costs rise under a proposal to boost the state minimum wage to $15 per hour. Increasing the minimum wage is a distraction from the real issues causing the income gap.
Preserve Intellectual-Property Protection
Limit the duration of non-competeagreements to one year and require employers who do not compensate workers at the time they sign a non-compete to pay 50 percent of the worker’s salary during the non-compete period.
Maintain flexibility for individuals and employers - especially startup companies - to create employment opportunity in the new economy.
Protect Honest Employee References
Encourage safe work environments by enabling one employer to disclose information to another employer about a job applicant. The measure would provide immunity to employers when disclosing such information.
Defeat Expensive New Leave Proposals
Employers support efforts to defeat attempt to establish paid family and medical leave.
Clarify the Earned Sick-Time Law
The bill would clarify the administration of the earned sick time law as approved by ballot question.
Modify Mandatory Treble Damages
Restore fairness in wage-and-hour disputes by providing judges with discretion to award, or not award, treble damages plus litigation costs and attorney fees to aggrieved employees, rather than mandating treble damages in all cases, including those involving honest mistakes.
Provide employees with the option of being paid semi-monthly rather than weekly or bi-weekly. Semi-monthly pay results in 24 pay periods a year, whilebi-weekly pay, which was passed by the Legislature in 1992, has 26 pay periods a year. Current Massachusetts law creates burdens and cost for companies that operate in other states that allow semi-monthly payment of wages.
Encourage non-Discrimination Training
The bill would encourage employers to educate employees about state and federal laws governing workplace discrimination, harassment and retaliation with the intent of raising awareness and preventing such behaviors. Employers providing this type of training would gain an affirmative defense against lawsuits claiming workplace discrimination by supervisory and management personnel.
Clarify Personnel Records Law
Provide clarity for employers and employees regarding the definition of a personnel record and what should be included in these records.