Human Resources & Employment Law

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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.

 

AIM Submits Testimony on 24 Workplace Bills (April 2019)

 

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AIM Supports

Adjusting Unemployment Insurance laws to reflect paid family and medical leave

Preclude employer experience rating under the Unemployment Insurance system from being negatively affected by replacement workers – employees who replace existing employees out on leave under the new Paid Family and Medical Leave (PFML) law – who take UI benefits when the original employee returns to work after leave.

 

Repealing UI Extension for Locked-Out Workers

Repeal of the unlimited extension of unemployment insurance benefits to locked out workers as was approved late in 2018. AIM's position arises out of a concern for the integrity of the UI system.

Learn More

 

Bolstering Existing Laws Against Wage Theft
 
Add additional protections to existing laws that make wage theft illegal. Provide employers with incentives for ensuring employees receive wages through a victim’s fund or by private right of action or stop work orders subject to due process to correct any clerical mistakes related to certain wage and hour laws or violations of the law.

 

Creation of a Paid Family and Medical Leave Advisory Council

Create an advisory council to monitor the Department of Labor’s ongoing efforts to create and manage the new Department of Paid Family and Medical Leave. The advisory council would mirror the Worker’s Compensation Advisory Council.

 

Improving the Massachusetts  non-compete law

Define “cause” to ensure equal application the law instead of having the courts interpret “cause” for each case resulting in unpredictable rulings for both parties. Clarity would ensure that non-competes are enforceable for employees terminated without “cause” especially in instances of “poor-performance,” which under current non-compete laws may not be a valid reason for enforcing a non-compete 

 

Expanding the definition of independent contractors

Maintain flexibility for individuals and employers - especially startup companies - to create employment opportunity in the new economy.

 

Clarifying the personnel records statute

Provide clarity for employers and employees regarding the definition of a personnel record and what should be included in these records.

 

Clarifying the earned sick-time law

The bill would clarify the administration of the earned sick time law as approved by ballot question.

 

Modifying 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.

AIM Backs Treble Damages Reform

 

Encouraging non-discrimination training

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.

 

 

 

AIM Expert:
Brad MacDougall
Vice President
Government Affairs
bmacdougall@aimnet.org

 

 

Human Resources and Employment Law
Massachusetts human resources, employment law
The latest information from AIM on laws and regulations governing the relationship between Massachusetts employers and workers.
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