Employment Law

Look to AIM for real-time information, analysis, and easy-to-understand communication about HR and Employment Law issues that affect your business.

AIM Supports

Effective governments build business climates that encourage employers in all industries to invest, expand and create economic opportunity. Eliminate Massachusetts-only laws and regulations that create competitive disadvantage for Bay State employers and force them to move jobs elsewhere.

Policy Watch

Adjusting Unemployment Insurance laws to reflect paid family and medical leave

Preclude employer experience rating under the Unemployment Insurance system from being negatively affected by replacement workers – employees who replace existing employees out on leave under the new Paid Family and Medical Leave (PFML) law – who take UI benefits when the original employee returns to work after leave.

Bolstering existing laws against wage theft

Add additional protections to existing laws that make wage theft illegal. Provide employers with incentives for ensuring employees receive wages through a victim’s fund or by private right of action or stop work orders subject to due process to correct any clerical mistakes related to certain wage and hour laws or violations of the law.

Creation of a Paid Family and Medical Leave Advisory Council

Create an advisory council to monitor the Department of Labor’s ongoing efforts to create and manage the new Department of Paid Family and Medical Leave. The advisory council would mirror the Worker’s Compensation Advisory Council.

Improving the Massachusetts non-compete law

Define “cause” to ensure equal application of the law instead of having the courts interpret “cause” for each case resulting in unpredictable rulings for both parties. Clarity would ensure that non-competes are enforceable for employees terminated without “cause” especially in instances of “poor-performance,” which under current non-compete laws may not be a valid reason for enforcing a non-compete.

Expanding the definition of independent contractors

Maintain flexibility for individuals and employers - especially startup companies - to create employment opportunity in the new economy.

Clarifying the personnel records statute

Provide clarity for employers and employees regarding the definition of a personnel record and what should be included in these records.

Clarifying the earned sick-time law

The bill would clarify the administration of the earned sick time law as approved by ballot question.

Encouraging non-discrimination training

Encourage employers to educate employees about state and federal laws governing workplace discrimination, harassment and retaliation with the intent of raising awareness and preventing such behaviors. Employers providing this type of training would gain an affirmative defense against lawsuits claiming workplace discrimination by supervisory and management personnel.

"When a new employment law is introduced in Massachusetts our employer clients need us to become experts in the letter of the law along with the intent and spirit behind it. We have found that partnering with AIM in this process has been invaluable for us and our employer clients as together we seek to anticipate and address the ramifications of each new law on Massachusetts employers."

— Dave Wilson
Founding Partner Hirsch Roberts Weinstein LLP

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