Martha Zackin

Final Regulations for Massachusetts Earned Sick Time Law

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By Emma L. Melton and Alexandra D. Thaler

Last November, voters approved a ballot initiative granting earned sick leave to Massachusetts employees. As we wrote in an earlier article, beginning on July 1, 2015, employees working in Massachusetts are entitled to earn up to forty hours of paid sick leave per calendar year. Employers with ten or fewer employees are not required to pay employees during this leave but must provide unpaid leave to their employees.

On April 27, 2015, the Massachusetts Attorney General’s Office released long-awaited proposed regulations, which we described here. After receiving many comments, both written and in the course of the six public hearings conducted across the Commonwealth, on June 19 the AGO issued final regulations implementing the Massachusetts Earned Sick Time law. Below we update our earlier advisory by summarizing the important changes from the draft regulations. Read more →

Martha Zackin

Updated FMLA Forms Are Now Available

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By Alexandra D. Thaler

The DOL has (finally) updated its FMLA forms, and made them available on its website, here (see “Forms” section toward the bottom of the page).

In addition to revising the expiration date to May 31, 2018, the forms also now include references to the Genetic Information Nondiscrimination Act (GINA).  Most significantly, the Certification of Health Care Provider forms now instruct providers not to disclose information about genetic testing, genetic services, or “the manifestation of disease or disorder in the employee’s family members,” as those terms are defined by regulation. Read more →

Martha Zackin

New Earned Sick Time Notice and Updated Safe Harbor Regulation

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By Alexandra D. Thaler

With just weeks to go before the Massachusetts Earned Sick Time law goes into effect on July 1, 2015, the Massachusetts Attorney General’s Office is continuing to issue guidance and documentation relevant to the law, including the required notice posting and an update to its safe harbor regulation.

The AGO’s current draft regulations provide that this Notice of Employee Rights (and not an employer-drafted alternative), must be both posted in a conspicuous location at Massachusetts worksites and distributed to employees.  The English language version of the required poster is now available here.  The AGO’s notice contains the basic outlines of the law’s requirements, including, among other things, minimal required rates of accrual and carry-over, permissible reasons for use, employee notice obligations, and contact information for the AGO (as required by the authorizing legislation).  It also reminds employees that sick time cannot be used as an excuse to be late for work, and that misuse of sick leave may result in discipline. Read more →

Martha Zackin

Supreme Court Backs EEOC in Religious Accommodation Case

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By Martha J. Zackin

In a much anticipated decision, the United States Supreme Court today held that Abercrombie & Fitch violated the prohibition against religious discrimination, as set forth in Title VII of the Civil Rights Act of 1964, by refusing to hire a Muslim applicant who wore a headscarf (a hijab) during a job interview.  In so holding, the Court rejected Abercrombie & Fitch’s argument that an employer cannot be liable for discrimination unless it can be shown that the employer had actual knowledge of the applicant’s need for a religious accommodation.  Instead, the Court stated, an employer violates Title VII if its actions are motivated by a desire to avoid accommodating a religious practice even if the employer is not certain that an accommodation will be needed.  Importantly, the Court left for another day the question whether an employer may be liable under Title VII if it has neither knowledge nor suspicion that an applicant or employee may require a religious accommodation.

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