HR & 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.
- Key Issues
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Defeat of Expensive New Leave Proposals
Associated Industries of Massachusetts (AIM) opposes An Act Establishing a Family and Medical Leave and Temporary Disability Leave Insurance Program, currently pending before the Joint Committee on Labor and Workforce Development.
Employers must maintain the ability to schedule workers in a manner that allows the business to meet the needs of the customer.
Employers must be able to pay workers according to the value they bring to the enterprise.
Clear regulation that supports innovation
Our state laws, regulation and overall business climate must encourage that innovation or we are destined to see new technologies and new companies move to other states more welcoming.
Maintaining Current Laws Govering Equal Pay
Proposed new statutes in Massachusetts will not achieve the goal of workplace pay equality and will create a gravy train for plaintiff lawyers.
Preserve Intellectual Property Protections
Proposals to weaken or ban non-compete agreements in Massachusetts threaten the ability of employers to protect the innovation and technology that creates economic growth in the commonwealth.
Flexibility for individuals and employers - especially startup companies - to create employment opportunity in the new economy.
Remove MandatoryTreble Damages
Provide judges with discretion when awarding treble damages for the loss of wages and other benefits, as well as costs of litigation and attorneys' fees for aggrieved employees, rather than mandating treble damages in all cases, including those involving honest mistakes.
Improve operation of Massachusetts Commission Against Discrimination
Improves the operation of the MCAD and its ability to provide timely due process and equity for all parties by requiring guidelines and standardized procedures.
Protect Honest Employee References
Encourages a safe work environment through the hiring process by enabling one employer to disclose information to another employer about a job applicant; provides immunity when disclosing.
Flexibility on Payment of Wages
Provides 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, while bi-weekly pay, which was passed by the Legislature in 1992, has 26 pay periods a year. Current Massachusetts law creates additional burdens and cost for companies that operate in states that allow semi-monthly payment of wages.
Encourage Voluntary Non-Discrimination Training in the Workplace
Encourages employers to educate and train 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 gain an affirmative defense against lawsuits claiming workplace discrimination by supervisory and management personnel.