Bargaining and Protected Concerted Activities in the Time of COVID-19: Guidance and Lessons for Employers
The recent need to make difficult and sometimes time-sensitive decisions during the pandemic has raised the question of bargaining and other obligations under federal and state labor law. Whether or not you have a unionized workforce, the National Labor Relations Act (“NLRA” or the “Act”) for covered private sector employers and Massachusetts state law, M.G.L. c. 150E, for public sector employers in Massachusetts, protects employees’ rights to engage in protected concerted activities. Moreover, for those employers with organized workforces, employers are generally obligated to bargain before making changes to employees’ wages, hours, working conditions, or other mandatory subjects of bargaining. Failure to do so may constitute an unlawful unilateral change and result in a finding that the employer committed an unfair labor practice.
Murphy, Hesse, Toomey & Lehane, LLP, Partner Katherine Hesse gave a plenary presentation on Recent Developments in ERISA on Friday September 16 to members of the Group Legal Services Association (“GLSA”) at its annual meeting in New Orleans. Among the topics she emphasized were what employers/plan sponsors need to know in the aftermath of the Dobbs decision overturning Roe v. Wade and lessons from the Court’s decision in Hughes and other class action litigation as to factors to consider Read More
On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.