Employment Law Updates
THESE UPDATES ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE OR RECOMMENDATION
On January 7, 2015, Governor Deval Patrick, signed into law “An Act Relative to Parental Leave” which replaces the Massachusetts Maternity Leave Act (the “MMLA”). Prior to the enactment of the law, the MMLA applied only to female employees. Under the new Parental Leave law, employers now must provide such leave to men on the same terms and conditions as leave is provided to women.
As of August 8, 2014, employers with at least 50 employees must provide employees with up to 15 days per 12-month period of leave (can be paid or unpaid) to address issues of abusive behavior, including domestic violence, against the employee or his or her family member.
The Sick Leave law went into effect on July 1, 2015. Massachusetts employers (with certain limited exceptions) must permit all of their employees to earn and use up to 40 hours of sick leave per year. For employers with 11 or more employees, this leave must be paid.
The Health Insurance Responsibility Disclosure (HIRD) form is a new Massachusetts reporting requirement in 2018. The HIRD form collects information about employer-sponsored insurance (ESI) offerings. Massachusetts law requires every employer in Massachusetts with six or more employees to submit a HIRD form. The HIRD reporting is administered by the Massachusetts Department of Revenue through the MassTaxConnect (MTC) web portal. The HIRD forms are due each year on November 30th.
The Massachusetts Department of Criminal Justice Information Services (DCJIS) recently amended the Criminal Offender Record Information (CORI) regulations. These regulations govern how employers conduct criminal history checks in the Commonwealth of Massachusetts. Below are some of the more significant changes:
The Massachusetts Non-Compete Law went into effect on October 1, 2018. A non-competition agreement is a type of agreement in which an employer provides some consideration (such as a bonus) to an employee or independent contractor in exchange for that employee or independent contractor agreeing not to compete for a period of time after leaving the employment relationship.
Summary of The Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act will go into effect on April 1, 2018. The Act prohibits Massachusetts employers from denying pregnant women and new mothers reasonable accommodation for their pregnancies and any conditions related to their pregnancies and provides increased legal protection against pregnancy-related discrimination in the workplace. The law applies to employers with six or more employees.