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

Category Archives: Supervisor Training

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3 Practical Challenges for Employers Created by Legalized Marijuana

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discipline & Performance Management, Hiring, Supervisor Training

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the workplace. Now, Massachusetts has legalized limited use of recreational marijuana. Although the recreational marijuana use law also provides that employers may prohibit… Continue Reading

Holiday Tips for Employers

Posted in Disability, Medical Leave & Reasonable Accommodations, Discrimination, Harassment, Supervisor Training, Wage & Hour, Worker Classifications

Because ’tis the season to give, The In-House Advisor would like to give in-house counsel the following reminders so as to limit their companies’ holiday exposure: Tip 1:  Religious discrimination and accommodations As we all know, while the “holiday” season in December often refers to Christmas, there are many other religious holidays celebrated by workers,… Continue Reading

Prevent Employer Liability By Properly Investigating Sexual Harassment Claims

Posted in Compliance, Policies & Notices, Discrimination, Harassment, Supervisor Training

A recent decision by a full panel of the Massachusetts Commission Against Discrimination (MCAD) emphasizes the need for supervisors to understand their duty to act to ensure that unlawful harassment allegations are addressed and that any such conduct ceases. Since 1998, two cases decided by the U.S. Supreme Court, Faragher v. City of Boca Raton… 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

How to Deal With the New Massachusetts Transgender Law

Posted in Compliance, Policies & Notices, Discipline & Performance Management, Discrimination, Harassment, Hiring, Supervisor Training

With the new year, Massachusetts employers must add “gender identity” to the list of classes entitled to protection from employment discrimination and retaliation.   What was touted as the “transgender rights” law in Massachusetts is, in fact, a “gender identity” law.  The Massachusetts transgender rights law defines “gender identity” as: [A] person’s gender-related identity, appearance or… 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