Employment Law Advice for Employers

Unlocking the Secrets of Employment Law: A Guide for Employers

In the realm of employment law, ignorance can be detrimental. Small business owners, particularly those without a dedicated human resources department, often find themselves tiptoeing through a legal minefield. The intricacies of employment laws tend to take a backseat until a crisis emerges, such as an employee grievance or the need for disciplinary action.

Your Comprehensive Resource
The information provided throughout this site serves as a valuable resource for both employers and employees. On this page and the linked resources, we focus specifically on the challenges confronting employers and the essential legal considerations that should be on your radar.
Expertise Meets Experience
As employment lawyers running a small business ourselves, we bring a unique blend of legal expertise and hands-on experience in managing teams. Our goal is to help you navigate the complexities of employment law effectively, and with as little risk to your business as possible.

Navigating the Hiring Process

When bringing new team members on board, several legal considerations should be top of mind:

Prohibited Questions: Be cautious not to ask questions that hint at bias against protected classes, as anti-discrimination laws apply to both hiring and termination decisions. It's better to avoid inquiries related to disability, family or relationship status, religion, or national origin.
Independent Contractors: Determine whether your new hire will be a W2 employee or an independent contractor. The Massachusetts Independent Contractor Law is stringent, and misclassification can lead to legal trouble.
Offer Letters and Employment Contracts: While formal employment contracts are often not necessary, documenting the terms of employment and compensation in writing is essential to prevent future misunderstandings. A simple offer letter should include compensation terms, job title, and a statement confirming "at-will" employment. An employee handbook, though generally not treated as a contract, is a useful tool for communicating your policies and other information throughout the employment relationship.
Probationary Periods: Clearly define expectations by specifying a probationary period in the offer letter if desired, even though "at-will" employment technically does not require it.

Wages and Benefits

Various factors dictate what you must provide to your employees:

Minimum Wage and Timely Payment of Wages: In Massachusetts, the minimum wage is $15.00 per hour, and timely payment is mandatory. Exceptions exist, but most employees must receive their wages weekly or bi-weekly.
Earned Sick Time: Employees accrue and use sick time, with certain rules and exceptions based on company size. Unused sick time is not necessarily paid out at termination.
Commissions and Bonuses: Commissions are considered wages, and late or non-payment can result in penalties. Bonuses, however, are not classified as wages under wage and hour laws.
Paid Family Medical Leave: Employers have responsibilities related to paid family medical leave deductions from employee paychecks, based on certain criteria.
Overtime Compensation: Non-exempt employees should be paid 1.5 times their regular rate for hours worked beyond 40 in a week.
Health Benefits: Small businesses with fewer than 50 employees may not be required to provide health insurance, but compliance with the Affordable Care Act is necessary for larger employers.
Vacation Time: Offering vacation time is optional, but if provided, unused time should be paid out upon termination.

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Non Compete Agreements and More

Consider the use of restrictive covenants for employees in sensitive roles:

Non-Compete Agreements: Massachusetts law has specific requirements for enforceable non-compete agreements, and legal guidance is essential to create compliant agreements.
Non-Solicitation Agreements: These agreements restrict soliciting business from customers or prospects post-employment and are generally enforceable. It is important, however, to make sure the the terms are not boilerplate, but tailored appropriately to what you want to protect.
Non-Disclosure Agreements: These agreements require employees to maintain confidentiality even after employment ends and are common and enforceable.

Employee Discipline and Termination

Navigating employee discipline and terminations can be challenging, but it's a necessary aspect of running a business:

Final Paycheck: Terminated employees must receive their final wages, including unused vacation and commissions, on the day of termination to avoid penalties.
Unemployment Information: Provide information about applying for unemployment when terminating an employee, without necessarily admitting eligibility.
Discrimination and Retaliation Laws: Be mindful of laws protecting certain classes of individuals or those engaged in protected activities when disciplining or terminating employees.
Benefits Continuation: Offer terminated employees the option to continue health insurance coverage through COBRA, where applicable.
Severance Packages: While not mandatory, offering severance packages can benefit both parties by securing a release of claims and aiding the transition.

Meet Our Employment Lawyers

Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.

Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.

Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.

Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.

Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.

How We Can Help

We can help you navigate these issues and get clarity on your rights and obligations when issues with employees arise in your business. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.

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