I recently wrote an article for New Hampshire Business Review on “What To Do if an OSHA Violation Arrives.”

Accidents happen.  It can happen to even the most safety-minded employers.  An employee falls from a ladder and breaks a bone.  A worker is injured on a piece of machinery.  Someone becomes ill after inhaling chemical

The Massachusetts law providing up to forty hours of paid sick leave to employees for COVID-related absences will expire on March 15, 2022 according to a notice issued by Executive Office for Administration and Finance on Monday.  The law, which was enacted in May 2021, was meant to be effective until April 1, 2022, or the exhaustion of a fund established by the legislature to reimburse employers for the paid leave, whichever occurred first.

Continue Reading Massachusetts Emergency Paid Sick Leave Will End March 15, 2022

On January 25, the Occupational Safety and Health Administration (“OSHA”) formally withdrew its Emergency Temporary Standard (“ETS”) on vaccinations, testing, and face coverings for large employers.  This decision follows the Supreme Court’s January 13 order blocking enforcement of the ETS.  While the Supreme Court’s action technically only stayed enforcement of the ETS pending further proceedings in the lower courts, the Court’s written opinion made clear that a majority of the Justices believe that OSHA had exceeded its Congressionally-granted authority to promulgate regulations to promote workplace safety.  This was widely viewed as a death knell for the ETS.

Continue Reading OSHA Withdraws Vaccine-or-Test Emergency Temporary Standard

On Thursday, the U.S. Supreme Court handed down a pair of anxiously-awaited decisions affecting tens of millions of American workers.

In the first decision, the Court stayed implementation of an Emergency Temporary Standard (“ETS”) issued by OSHA that would have required employers with 100 or more employees to adopt and enforce policies either (a) mandating COVID-19 vaccines for most workers, or (b) requiring unvaccinated workers to wear masks at work and get weekly tests for COVID-19.

Continue Reading Supreme Court Blocks Large-Employer Vaccine Rule and Allows Healthcare Vaccine Rule to Proceed

In honor of the 31st anniversary of the enactment of the Americans With Disabilities Act (“ADA”) on July 26, the Biden Administration has announced the release of a package of guidance and resources relating to applicability of disability-related laws and regulations to people with long COVID, sometimes referred to as “COVID Long-Haulers.”
Continue Reading Biden Administration Marks ADA Anniversary by Releasing Long COVID Disability Guidance

Beginning on May 28, 2021 and extending through the end of September, Massachusetts employees will be eligible for up to 40 hours of Emergency Paid Sick Leave providing paid time off for qualifying reasons related to the COVID-19 pandemic.

Continue Reading Massachusetts Enacts Temporary Emergency Paid Sick Leave Law Extending COVID-19 Paid Time Off Through September

The Centers for Disease Control has issued new guidance regarding quarantine requirements for individuals who have been vaccinated, and for those who have recovered from a COVID-19 infection.

For those who have received the vaccine, the CDC is no longer recommending quarantine following close contact with an infected person if the individual meets all three of the following criteria:

Continue Reading CDC Revises Quarantine Guidance For Those Who Have Been Vaccinated, Or Who Have Recovered From A COVID-19 Infection

In a recent decision, the Massachusetts Appeals Court ruled that the narrow public policy exception to the general principle that an “at will” employee can be terminated without cause does not apply to an employee fired for submitting a rebuttal to information in the employee’s personnel file.

Continue Reading Massachusetts Appeals Court Addresses Application of Public Policy Exception to At-Will Employment

On New Year’s Day, eligible Massachusetts workers will be able to begin receiving paid family and medical leave from the Department of Family and Medical Leave.  Here’s what employers need to know now…

Who is eligible for benefits?

  • W-2 employees
  • Contractors who receive a 1099-MISC form from a business that issues 1099-MISC forms to more than 50% of its workforce
  • Former employees who have been unemployed for 26 weeks or fewer


Continue Reading Massachusetts Paid Family and Medical Leave Benefits Become Available January 1, 2021 – Here’s What Employers Need to Know

Effective December 26, 2020, Massachusetts businesses will see additional restrictions on occupancy capacity and gathering sizes.  These new measures, which were announced by Governor Charlie Baker, are intended to prevent a post-Christmas surge of COVID-19 infections.  Massachusetts saw significant increases in infections, hospitalizations, and deaths related to the pandemic following the Thanksgiving holiday, when many people failed to heed recommendations to avoid large gatherings.  The Governor hopes that these new restrictions will avoid a further spike in COVID-19 numbers following Christmas.

Continue Reading Massachusetts Governor Imposes Additional Restrictions, Seeking To Avoid Post-Christmas Surge