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…
Boston Lawyer Blog
Coronavirus and Disability Discrimination Law: Employee and Employer Rights
My colleague recently explained how Massachusetts and federal leave laws may apply to employees who contract COVID-19 or who are medically required to self-quarantine because of concerns about COVID-19. In addition to leave laws, such as the Massachusetts earned sick time law and the Family and Medical Leave Act (FMLA), state and federal disability laws provide protections…
CORONAVIRUS – What Protections do State and Federal Leave Laws Provide?
On March 10, Governor Charlie Baker declared a state of emergency in Massachusetts to combat the ongoing threat posed by COVID-19. As of this writing, Massachusetts had 108 cases confirmed, and experts warn that the virus will likely continue to spread. What do our state and federal leave laws provide for employees who contract COVID-19, or who have family…
SJC Will Decide When Forced Blood Draws Are Permissible and Admissible
Today, the Supreme Judicial Court (SJC) hears oral argument in Commonwealth v. Bohigian, a case that addresses, among other issues, when law enforcement can take a subject’s blood without consent and when evidence of that blood draw is admissible in court. Mr. Bohigian was charged with operating under the influence and related crimes after a severe car accident. When Mr. Bohigian arrived at the hospital after the accident, police…
New Department of Labor Rule Makes Wage Claims Harder for Plaintiffs
Last week, the Trump administration finalized a rule that narrows the definition of “joint employer” under the Federal Labor Standards Act and will make it harder for millions of workers to combat wage theft. Under the Obama administration, the federal Department of Labor clarified that more than one company could…
First Circuit Decides Massachusetts Wage and Hour Laws Apply to Au Pairs
By: Jinal Sharma, Legal Intern Earlier this month, in Capron v. Attorney General of Massachusetts, the Court of Appeals for the First Circuit rejected an au pair agency’s challenge to Massachusetts labor laws, finding that Massachusetts wage and hour laws apply to au pairs. Under the First Circuit’s ruling, that means that au pairs in Massachusetts are…
How Does Massachusetts’ Proposed “Revenge Porn” Law Compare to Other State’s Laws?
By: Leah Durst, Legal Intern Former California Congresswoman Katie Hill recently resigned after sexually explicit photos of Hill and a staffer engaged in consensual sexual activity were leaked, allegedly by her abusive ex-husband. Her resignation should trigger broader discussions about the consequences of living in a digital age: how do we view and treat victims and perpetrators…
First Circuit Draws Sharp Distinction Between Fairness Obligations of Public and Private Educational Institutions
In Doe v. Trustees of Boston College, the U.S. Court of Appeals for the First Circuit refused to extend due process protections to private Massachusetts colleges, despite its recent holding in Haidak v. UMass-Amherst that some form of cross-examination or equivalent questioning is required at public universities. It therefore reversed a District Court decision that would have required some form of real-time questioning…
Matta’s New Test for When Police Officer Interactions Constitute Seizures: An Unrealistic and Disappointing Ruling
Last month, the Supreme Judicial Court issued Commonwealth v. Matta, a case that makes it easier for police to stop individuals – especially those in high crime neighborhoods – without any reasonable suspicion. Background On the evening of November 5, 2015, an anonymous caller contacted police on two occasions and…
Boston Public Schools’ Secret Residency Enforcement Regime Violates Students’ Due Process Rights
If the volume of calls to our office is any indication, the Boston Public School (BPS) system is stepping up enforcement of its residency policies. It is not surprising that with national attention on the “Varsity Blues” scandal (involving prosecutions of celebrities who fraudulently secured their children’s acceptance to college),…