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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Miscellaneous Employment

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Employees Misclassified as Independent Contractors Pose Significant Risks

Posted in Compliance, Policies & Notices, Miscellaneous Employment, Worker Classifications

Many are familiar with Juliet’s tribute to Romeo: “What’s in a name? that which we call a rose By any other name would smell as sweet.”  In the context of employees and independent contractors, however, Juliet is quite wrong.  As I discussed in a prior post, it can be perilous to misclassify workers as independent… Continue Reading

5 Steps for Employer Use of Criminal Records: Part 3

Posted in Compliance, Policies & Notices, Confidentiality and Non-Disparagement, Discrimination, Hiring, Miscellaneous Employment, Privacy & Data Security

In Part 1 and Part 2 I discussed four steps that I recommend employers follow in using criminal records.  Here in Part 3 and the last part of this series, I address the process of the handling of the documents.  Step 5:  Handling Documents with CORI Criminal records information obtained from any source is confidential, and employers… Continue Reading

5 Steps for Employer Use of Criminal Records: Part 2

Posted in Compliance, Policies & Notices, Confidentiality and Non-Disparagement, Discrimination, Hiring, Miscellaneous Employment, Privacy & Data Security

In my prior blog post, I provided the first two steps for an employer to obtain and use CORI in Massachusetts based on the new CORI regulations issued on May 25, 2012.  This post addresses the next two steps in this process. These blog posts also address when an employer conducts its own CORI checks. … Continue Reading

5 Steps for Employer Use of Criminal Records: Part 1

Posted in Compliance, Policies & Notices, Discrimination, Hiring, Miscellaneous Employment

Massachusetts enacted broad reforms to its Criminal Offender Record Information (“CORI”) laws in August 2010.  These reforms emphasize existing non-discrimination requirements and provide new requirements for accessing records through the on-line system (“iCORI”), as well as using and maintaining criminal records.  The first part of the CORI reform laws became effective in November 2010, requiring… Continue Reading

Selection of Forum Other Than Massachusetts May Not Avoid Wage Act Enforcement

Posted in Jurisdiction, Venue and Choice of Law, Miscellaneous Employment, Wage & Hour

Before last week, a non-Massachusetts employer could insulate itself from employee claims under the Massachusetts Weekly Payment of Wages Act (“Wage Act”) simply by having its employees agree that all employment disputes be litigated in the employer’s home state.  That all changed with the Massachusetts Supreme Judicial Court’s decision in Melia v. Zenhire, Inc.   … Continue Reading

Social Media Induced Labor Pains

Posted in Labor Relations, Miscellaneous Employment

With greater frequency, the National Labor Relations Board (NLRB) has been exerting its authority over non-union employers.  I’d like to share an article that I co-authored with my colleague, Mike Leahy, for the Spring 2012 issue of Focus, our firm’s quarterly newsletter, about a few recent developments from the NLRB affecting non-union employers, resulting from the use of… Continue Reading

Employment Termination Best Practices, Part Two: Exit Interviews and Post-Termination Activities

Posted in Discipline & Performance Management, Miscellaneous Employment, Separations, Layoffs & Terminations

In my previous post, I shared three best practices for preparing for a potential employee termination.  Here are two additional steps to consider in the termination process: 1. Prepare for possible exit interview scenarios. Terminations are never easy and often become very personal.  In most situations, the key is to conduct the termination meeting as respectfully… Continue Reading

Employment Termination Best Practices, Part One: Preparing for the Termination

Posted in Discipline & Performance Management, Miscellaneous Employment, Separations, Layoffs & Terminations

Employment attorneys and in-house counsel are used to the 4 p.m. phone call informing them that an employee must be terminated “today,” followed by a request for a separation agreement or advice on how to handle the termination.  More often than not, after asking a few questions we discover that, perhaps, the termination should be… Continue Reading

Three Myths About Who is “Exempt” and Who is “Non-Exempt”

Posted in Compliance, Policies & Notices, Miscellaneous Employment, Wage & Hour, Worker Classifications

Even the most sophisticated employer in the most intellectually demanding industry may misclassify its workers as “exempt” when they are, in fact “non-exempt.”  The increasing number of misclassification litigation is a sure sign that no one is completely immune from inadvertently misclassifying workers.  What exactly are the workers “exempt” from anyway?  The federal Fair Labor Standards… Continue Reading

Important April 30 Changes in National Labor Relations Act Regulations

Posted in Compliance, Policies & Notices, Labor Relations, Miscellaneous Employment, Supervisor Training

NOTE:  Some changes have occurred since this entry was originally posted.  Please see new post from April 18, 2012 for an update. On April 30, 2012, a number of major changes to the National Labor Relations Act (NLRA) regulations will take effect and businesses, especially those that are not unionized, should take heed.  While many… Continue Reading

Three Employment Claims to Avoid in 2012

Posted in Compliance, Policies & Notices, Hiring, Labor Relations, Miscellaneous Employment, Separations, Layoffs & Terminations, Supervisor Training, Wage & Hour

Most employment claims can be avoided by simply being aware of what the law requires.  Here are three recurring issues which plaintiffs’ class action attorneys and government agencies are targeting across the country and which can be easily avoided by taking action now. 1.  Misclassification of Workers as Independent Contractors The Internal Revenue Service (IRS)… Continue Reading