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As Thanksgiving and what is traditionally the busiest holiday travel period approaches, COVID-19 numbers are rising, and state governments are doubling down on travel and quarantine restrictions.

The State of NH revised its travel guidance on November 12, 2020 changing the quarantine period for those NH residents who travel internationally (including to/from Canada); on a cruise ship; or domestically outside of the New England states for non-essential purposes.  Essential travel includes travel for work, school, personal safety, medical care, care of others, parental shared custody, for medication, and brief trips for take-out food and groceries.  Of course, the guidance continues to discourage business from allowing business-related travel for non-essential purposes.Continue Reading States Issue New Travel and Quarantine Restrictions in Advance of Thanksgiving Holiday

Effective Friday, November 6, 2020, Massachusetts residents will be required to wear a mask or cloth face coverings at all times when in any public place, with limited exceptions.  This new directive expands upon a prior mask mandate issued by Governor Charlie Baker in May.  Under the earlier order, residents were instructed to wear face coverings in public when it was not possible to maintain six feet of social distancing.  The new order removes the distance qualification, and essentially requires people to keep their masks on at all times.  “We’re basically saying if you go out in public, wear a mask,” the Governor said during a press conference announcing the new order.  Governor Baker imposed the harsher rule in light of rising COVID-19 infection and hospitalization rates in Massachusetts this fall.
Continue Reading Massachusetts Governor Issues Stronger Mask Mandate

Since the pandemic hit, Massachusetts has developed strict protocols for those wishing to physically enter the state. Presently, all those 18 years of age or older, as well as unaccompanied minors, must quarantine for 14 days, or otherwise provide written proof that they received a negative COVID-19 test result within 72 hours prior to arriving in MA. The penalty for non-compliance is stiff: a fine of $500 per day.
Continue Reading To Come to Massachusetts or Not to Come? That is the Question.

The Massachusetts-based Pioneer Institute – a well-respected public policy research body – has issued a “Checklist for Employers” preparing to re-open their facilities. The comprehensive checklist states that:

“While it is impossible to fully eliminate all risks associated with reopening in the COVID-19 setting, an employer may be able to significantly mitigate and reduce risks, such as workplace hazards and employment issues, by following some or all of the recommendations” set forth in the Checklist.Continue Reading Checklist for Employers Wanting to Re-Open Their Businesses in the Coming Weeks

On Friday, May 1, Governor Baker issued COVID-19 Executive Order No. 31 requiring face coverings in public places where social distancing is not possible.  The Order provides that effective Wednesday, May 6, 2020, any person over 2 years of age, within a public place and who cannot maintain social distancing – defined as maintaining a distance of 6 feet from others – “shall cover their mouth and nose with a mask or cloth face covering[.]” The new mandate “applies to all workers and customers of businesses and other organizations open to the public as ‘essential businesses.’”
Continue Reading Massachusetts Now Requires Cloth Face Coverings

UPDATE: March 23, 2020

Governor Baker announced a statewide “Stay at Home” order, which will begin , March 24 at noon and last at least until April 7. All non-essential businesses will be ordered to cease operations for the same time period.

Click here to view COVID-19 Essential Services – Exhibit A of the order …

One of the hallmarks of the Americans with Disabilities Act is that employers are required to have a dialogue—known as the “interactive process”—with an employee who requests or appears to be in need of an accommodation. A recent case, Massachusetts Commission Against Discrimination v. Tufts Medical Center, Docket No. 10-BEM-01133 (Dec. 18, 2019), provides some guidance for how an employer can fulfill its obligation to determine whether an employee’s disability can be accommodated.

In 2006, after about four years of working as an inpatient nurse at Tufts Medical Center in Boston, the Complainant was diagnosed with rheumatoid arthritis and lung disease. The following year, she was excused from overtime responsibilities as an accommodation, but still worked without other restrictions. In the spring of 2009, Complainant took medical leaves and by the summer, had exhausted her job protection; in order to return to the nursing pool at Tufts Medical Center, Complainant was required to apply for vacant jobs. By October of 2009, she was cleared to return to work with no restrictions.

Continue Reading MCAD Awards Former Employee $420,000 in Damages for Employer’s Failure to Engage in Interactive Process

On September 5, 2019, the Massachusetts Department of Family and Medical Leave (“DFML”) issued new guidance on when employers must count 1099-MISC workers as part of their workforce for purposes of the Paid Family and Medical Leave (“PFML”) program. In its press release announcing the new guidance, the DFML stated that the guidance was issued after meetings with representatives from hundreds of businesses across Massachusetts during which the businesses consistently sought clarification on whether they are required to collect contributions from, and report on, 1099-MISC workers.
Continue Reading Massachusetts Clarifies When 1099-MISC Workers Should be Counted for Purposes of the Paid Family and Medical Leave Act Program

A collective sigh of relief could be heard across the Commonwealth yesterday as anxious business owners, insurers, and employment lawyers heard the news that Massachusetts government leaders had agreed to a three-month delay of the implementation of the first-in-the-nation Paid Family and Medical Leave law.

With a July 1 deadline to begin making payroll deductions looming, many questions remained about the law.  Are the deductions pre-tax or post-tax?  (We still don’t know.)  Which employees and independent contractors are covered?  (It’s complicated.)  Should employers seek an exemption by adopting a private plan?  (Maybe?)  With the deadline now moved to October 1, legislators and employers have some much-needed breathing room to answer these and other questions about the law.Continue Reading Massachusetts Leaders Agree to Three-Month Delay of Paid Family and Medical Leave Law