- Bello / Welsh once again has been recognized by U.S. News and World Report as one of the “Best Law Firms” in the area of labor and employment law, both nationally and in the Boston Metropolitan area.
- On October 1, 2012, Steve Weatherhead was a panelist at the FirmFuture – Practice Management & Legal Technology Conference that was held at the Boston Marriott Copley Place. Steve participated in a discussion entitled “Gnat Bags Elephant: How Small Firms Win (and Keep) Large Corporate Clients.” For more information please click here.
- Chambers USA again has ranked Bello / Welsh as a top Labor & Employment law firm in the state of Massachusetts, and praised partners John Welsh, Kenneth Bello and Josiah Black for their respective accomplishments.
Archive for year: 2012
Effective January 1, 2013 — and as a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which transferred FCRA rulemaking authority from the Federal Trade Commission (FTC) to the newly created Consumer Financial Protection Bureau (CFPB) — employers must begin using new Fair Credit Reporting Act (FCRA) forms, including the Summary of Consumer Rights under the FCRA. While the substance of the Summary remains unchanged, the form now must state that the new CFPB, rather than the FTC, is the agency consumers should contact about their rights under the FCRA.
To protect employee privacy, effective December 12, 2012 employers in New York will be prohibited from requiring employees to disclose social security numbers for employment or employment services/privileges. The new law further prohibits requiring disclosure of only a portion of a social security number, thereby ending the common practice of providing only the last four digits of the SSN.
Several exceptions exist, including where social security numbers are necessary under law (e.g., signing up for certain benefits; completing IRS W-4 forms) or where the employees consents to disclosure. While there is no private right of action under the new law, the New York Attorney General is empowered to impose penalties of up to $1,000 per employee.
Effective January 31, 2013, staffing agencies will be required to comply with a new law concerning their employees. The “Temporary Workers Right to Know Act” will 1) require staffing agencies to provide certain workers with information pertaining to the employer and type of work to be performed, 2) restrict the nature and amount of fees staffing agencies can charge workers, and 3) prohibit staffing agencies from engaging in fraudulent activities with respect to applicants and workers. Failure to comply may result in both civil and criminal penalties.
In what is the latest development in states taking an increasingly employee-protective stance on restrictive employment covenants, New Hampshire has enacted new legislation that threatens the validity of restrictive covenants. The new legislation requires employers to provide a copy of any non-compete or non-piracy agreement that is a condition of the employment agreement to an employee or potential employee before or at the time an offer of employment, or change in job classification, is made to the individual. The new law, which went into effect on July 14, 2012, provides that if such a contingent agreement is not provided to the employee or applicant before or at the time of the offer, the agreement will be considered “void and unenforceable.
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