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Articles Posted in Employment Law

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Public School Teachers and Social Media: the Protections and Limitations of the Right to Free Speech

The convergence of widespread social media use, and recent national social movements and events—including the current war in Israel and Palestine, the MeToo movement, the Black Lives Matter movement, and the COVID-19 pandemic—has led to a growing number of public school teachers and other government employees being disciplined for statements…

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Massachusetts Should Expand 151B, the State’s Anti-Discrimination Law for Employees, to Cover Independent Contractors

By Catherine Willett, Law Student Intern About 20% of workers in the United States are contractors: individuals hired to work on a specific project or for a specific period of time. This number is bound to grow as employment through the gig economy reaches into more sectors and the use…

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It is Time for Massachusetts to Provide Employment Protections to Victims of Abuse

By Sophie Nguyen, Law Student Intern Eight years ago, a teacher in San Diego was fired from her job for experiencing domestic violence. After her abusive ex-husband showed up at the school where she taught to confront her, the school decided that her mere presence posed too much of a…

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Divided Appeals Court Panel Highlights Gap in Personnel Record Law

In Massachusetts, as in many other states, the Legislature has adopted a personnel record law that specifies documents and information that every employer must maintain in an employee’s personnel record, such as documents relating to an employee’s qualifications and possible promotions, transfer, or discipline. For instance, many employers must include…

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In DeWeese-Boyd v. Gordon College SJC Grapples with Whether Religious Schools can Discriminate Against their Employees

Two weeks ago, the Massachusetts Supreme Judicial Court (SJC) heard oral argument in Deweese-Boyd v. Gordon College, a case which tests the limits of the “ministerial exception” and the legal protection it provides for religious employers. The “ministerial exception” is a religious protection based in the First Amendment to the…

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What Are Your Job Protections as a Parent or Caregiver During COVID-19?

By Lilly Gill, Law Student Intern The COVID-19 pandemic has drastically changed the relationships between employment, education, and family life as parents are juggling having their children home in remote education or otherwise having limited childcare, and other caregivers have needed to take care of elderly parents or disabled or…

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Supreme Judicial Court Permits State Licensing Boards to Consider Sealed Criminal Records During Disciplinary Proceedings

By: Amanda Gordon, Legal Intern In Massachusetts, in limited circumstances a person’s criminal records can be available to a licensing board or prospective employer. However, there remains a societal responsibility to ensure that criminal charges do not unfairly stigmatize or disadvantage defendants who have served their sentence or were never…

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Thinking About Participating in a COVID-19 School or Childcare Pod? Here’s What You Should Know as a Massachusetts Employer or Employee.

Due to the COVID-19 pandemic, many parents are exploring new arrangements for education and childcare for their children. Families who can afford to are creating “micro-schools” or “school pods”—groups of a few families with similar-aged children who hire a teacher to provide lessons in the families’ homes. Others are simply…

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Coronavirus and Employment Law Update: The New Federal Families First Coronavirus Response Act

The Families First Coronavirus Response Act (H.R. 6201) provides $100 billion dollars worth of relief to Americans coping with the coronavirus outbreak.  Below is a summary of the provisions that affect workers most directly. The bill goes into effect on April 2, 2020, and expires December 31, 2020. Emergency Unemployment…