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MA Pregnancy Accommodation Bill Gains Momentum

On Tuesday, April 4, 2017, the Joint Committee on Labor and Workforce Development held a public hearing on the proposed law called the Pregnant Worker Fairness Act which, if passed into law, will provide new workplace accommodations for expecting and new mothers.

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Federal Appeals Court Holds That Sexual Orientation Discrimination is Prohibited by Title VII

In a landmark decision that is sending shockwaves through the employment law bar, the 7th Circuit Court of Appeals (the federal appeals court located in Chicago, IL, which covers the states of Indiana, Illinois, and Wisconsin), issued a decision which holds that discrimination based on one's sexual orientation is prohibited under the Title VII of Civil Rights Act of 1964. This ruling is the first time that a federal appeals court has held that Title VII protects workers against discrimination...

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One Year Away from Mass Pay Equity Law – What Should Employers Be Doing Now?

The new law, the “Act to Establish Pay Equity,” was signed by Governor Charlie Baker on August 1, 2016. It replaces Massachusetts’ existing pay equity law, M.G.L. ch. 149 § 150A, in an effort to eliminate the gender pay gap by broadening the meaning of “comparable work” and implementing new rules on employees’ salaries. The new act also creates an affirmative defense for employers who conduct a self-evaluation of their pay practices. The law will not take effect until July 1, 2018, giving...

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Court Refuses to Find Target’s Discipline Policy was an Enforceable Contract

On June 5, 2017, the 1st Circuit Court of Appeals (the federal appellate court located in Boston, which covers Massachusetts, New Hampshire, Maine, Rhode Island, and Puerto Rico) decided Grant v. Target Corporation. Grant sued Target for breach of contract based on Target’s alleged failure to follow a disciplinary policy before firing him. The court found that Target’s disciplinary policy could not be relied upon as an employment contract and dismissed Grant’s claim.

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Alleged Use of Phrase “Mack Daddy” in the Workplace Enough For Race Discrimination Case to Proceed

On June 15, 2017, the United States District Court for the District of Massachusetts (the federal trial court in Boston) denied the defendant’s motion to dismiss in Campbell v. Bristol Community College. The plaintiff, Campbell, sued her former employer, Bristol Community College, alleging discrimination and retaliation on the basis of race.

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SJC Provides Additional Clarity About the Scope of the Massachusetts Wage Act

On June 26, 2017, the highest court in Massachusetts, the Supreme Judicial Court (“SJC”), decided George, et al. v. National Water Main Cleaning Company, et al. This class action law suit stems from uncertainties about assessment of certain damages under the Massachusetts Wage Act (G. L. c. 149 §§ 148, 150).

Whitney Law Group Adds Capacity in NH

WLG is pleased to announce that Marcie Vaughan has joined the firm as Of Counsel. Marcie brings many years of employment law experience to WLG. She is a cum laude graduate of Bates College (B.A.), a cum laude graduate of Suffolk University's Sawyer School of Management (M.S.), an received her J.D. from Suffolk Law School in 2006, also cum laude. Marcie's addition to WLG adds much needed additional capacity to WLG's growing practice, especially in NH.

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Marijuana Legalization in Massachusetts - Fears of Increased Federal Enforcement (Updated 1/21/18)

Status of Mass State Efforts to Roll-Out Retail Sales

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Mark Quoted in Recent Article About Severance Agreements

Mark Whitney was recently quoted in an article appearing in Massachusetts Lawyers Weekly concerning severance agreements and their impact of release language on equity rights of senior executives. The article entitled "Severance terms extinguished exec’s right to shares, options" discussed a recent Massachusetts Appeals Court decision which ruled against a former executive of a software company.

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NH Legislature Seeks to Limit Noncompete Agreements

NH follows the vast majority of states in the US with respect to the enforcement of non-competition agreements (“NCAs”). NH courts will enforce NCAs that are narrowly drawn to protect employers’ business interests in protecting confidential information and goodwill (or, business relationships).