Entries by Martha Zackin

Final Rule and Guidance Issued Implementing Fair Pay and Safe Workplaces Executive Order

On August 25, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a Final Rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13673, the Fair Play and Safe Workplaces Executive Order (also known as the “blacklisting rule”).  The Department of Labor (DOL) also issued Final […]

Bello Welsh Partner Quoted in Law360 Article

Bello Welsh partner, Ken Bello, was quoted in an article about the new Massachusetts Pay Equity Law.  The article is posted on Law360, here, and below with permission: How Mass. Employers Should Prep For New Pay Equity Law By Brian Amaral Law360, Boston (August 11, 2016, 4:40 PM ET) — Massachusetts’ sweeping new law against gender […]

Massachusetts Legislature Passes An Act to Establish Pay Equity

On July 23, Massachusetts lawmakers unanimously approved An Act to Establish Pay Equity (the “Bill”), which seeks to ensure that men and women are paid equally for comparable work. Variations in pay must be based on legitimate reasons, as enumerated in the Bill. If Governor Baker signs the Bill into law, which he is expected […]

EEOC Issues Resource Document on Leave of Absences under the ADA

On May 9, the U.S. Equal Employment Opportunity Commission issued a new Resource Document that advocates the use employer-provided leaves of absence as accommodation for an employee’s disability.  According to the press release announcing the publication of the document, titled Employer-Provided Leave and the Americans with Disabilities Act, this new resource attempts to address the […]

Defend Trade Secrets Act Signed Into Law

President Obama signed the “Defend Trade Secrets Act of 2016” into law on May 11th.  The Act amends the Economic Espionage Act of 1996 to provide a federal private right of action for trade secret misappropriation and theft.  Remedies include actual damages, injunctive relief, and exemplary damages and attorneys’ fees for willful and malicious misappropriation. […]

Massachusetts: An Act to Establish Pay Equity

On January 28, the Massachusetts Senate passed S. 2119, titled “An Act to Establish Pay Equity” (the “Proposed Law”).   Touted by one of the Act’s co-sponsors as a way to “further close the wage gap between male and female workers in the Commonwealth,” the Proposed Law is claimed to ensure equal pay for comparable work […]

EEOC Publishes Proposed Enforcement Guidance on Retaliation

By Emma L. Melton The U.S. Equal Employment Opportunity Commission (EEOC) has released proposed Enforcement Guidance on Retaliation and Related Issues.  This proposed guidance provides insight as to how the EEOC interprets applicable law and hints at the areas that may receive increased focus going forward. Existing federal employment laws prohibit employers from retaliating against applicants […]

EEOC Proposes Changes to EEO-1 Reporting to Include Pay Data

By Martha J. Zackin Today, the U.S. Equal Employment Opportunity Commission (EEOC) issued a proposed revision to the Employer Information Report (EEO-1) to include the annual collection and reporting of pay data.  Currently, federal law requires federal contractors with 50 or more employees, and all other employers with 100 or more employees, to file an […]

Joint Employment: DOL Issues Adminstrator’s Interpretation

By Martha J. Zackin The legal concept of joint employment has been around for many years, first gaining national prominence in 1996, after a federal appeals court found Microsoft to be a co-employer of thousands of workers classified either as “contractors” or “temporary employees” retained through a staffing company.  The case, Vizcaino v. Microsoft,, 97 […]

Form I-9 Compliance: New Guidance Issued

By Martha J. Zackin The Immigration and Nationality Act (INA) requires employers to verify the work authorization of employees using the Form I-9.   Some employers choose to conduct periodic internal audits of their Forms I-9, to ensure compliance.  Concerned that improperly conducted internal audits could “create barriers to employment for work-authorized individuals,” the Department of Homeland Security’s […]