Updates

Updates

Department of Labor Issues Revised Temporary Rule on Families First Coronavirus Response Act Including New Guidance Relating to Intermittent Leave

On Friday, September 11, 2020, the Department of Labor issued revisions to the temporary rule regarding the federal Families First Coronavirus Response Act (“FFCRA”). Those revisions can be found here – https://www.federalregister.gov/documents/2020/09/16/2020-20351/paid-leave-under-the-families-first-coronavirus-response-act. The revisions take effect on September 16, 2020.

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Governor Baker Issues Guidance on the Enforcement Mechanism for COVID-19 Executive Orders

On August 18th, Governor Baker issued an executive order providing guidance to municipalities regarding how to enforce the numerous executive orders in effect in response to COVID-19. Many of the Governor’s prior orders provided municipalities with the authority to enforce the executive orders. For example, the Governor’s recent order mandating quarantine for travelers entering the Commonwealth from out of state provides local boards of health and their authorized agents as well as municipal police with powers to enforce the order. The Governor’s August 7th executive order limiting the size of in-person gatherings also allowed for enforcement by local boards of health and municipal police departments.

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National Labor Relations Board Changes Legal Approach to Employee’s Use of Profane, Racist, and Sexually Harassing Speech in Protected Activity

On July 21, 2020, the National Labor Relations Board (“the Board”) changed its analysis towards an employee’s use of verbally offensive behavior in the context of protected activity under Section 7 of the National Labor Relations Act (“the Act” or “NLRA”) in the following decision: General Motors, LLC, No. 14-CA-197985, 369 NLRB No. 127 (2020).

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Guidance on Expanded Mixed Drink Take-out/Delivery Options in Response to COVID-19

On July 20, 2020, Governor Charlie Baker signed “An Act to Expand Take-out/Delivery Options in Response to COVID-19 (“Act”)” into law. The Act is an emergency measure intended to address significant disruptions to the restaurant industry in the Commonwealth caused by the COVID-19 pandemic. The Act temporarily allows establishments that are currently licensed by Massachusetts law to sell all alcoholic beverages to be consumed on-premises to sell mixed drinks for off-premises consumption, subject to restrictions, effective July 20, 2020. The Act will remain in effect until the Governor’s state of emergency is lifted or on February 28, 2021, whichever occurs earliest. An all alcohol license is required; this temporary authorization does not extend to establishments with only wine and malt beverages licenses.

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Education Alert

On May 6, 2020, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 14, 2020, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures.

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Bill No. 4820 to Expand Vote by Mail and Early Voting:

On July 6, 2020, Governor Charlie Baker signed “An Act Relative to Voting Options in Response to COVID-19 (“Act”)” into law. The Act contains several important amendments to the Massachusetts Elections Law, M.G.L. c. 54 and applies to all federal, state and local elections through the end of 2020. The Act, designed to make voting more convenient and reduce crowding at the polls, affords all Massachusetts voters the option to vote by mail and extends the time allowed for early in-person voting.

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Expansion of Federal Protections for LGBT Workers

On June 15, 2020, the Supreme Court of the United States handed down a historic 6-3 decision authored by Justice Neil Gorsuch, in which the Court held that employers cannot discriminate against an individual on the basis of the individual’s sexual orientation or gender identity. This case, Bostock v. Clayton County, was a consolidation of three cases, involving two gay men, who were terminated based on their sexual orientation, and one transgender woman, who was terminated based on her gender identity.

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Workers’ Compensation Claims and COVID-19

The coronavirus and its effects are likely to have an impact on workers’ compensation claims. Two of the most common questions that have been raised regarding COVID-19 and workers’ compensation are addressed below, including compensation for employees who contract COVID-19 at work and employees who are injured while working from home.

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Latest News

Murphy, Hesse, Toomey & Lehane Statement on the Passing of Justice Ruth Bader Ginsburg

    Murphy, Hesse, Toomey & Lehane expresses its condolences to the family of justice Ginsburg, a caring and intellectually powerful woman.   As a justice, lawyer, and teacher she stood for the principles that enhanced the civil rights of women and men of all color, rights of equal pay between the sexes, the rights to healthcare and the basic rights of criminal defendants.   Justice Ginsburg knew what it was to be a women in a male dominated profession Read More

Legal Updates

Department of Labor Issues Revised Temporary Rule on Families First Coronavirus Response Act Including New Guidance Relating to Intermittent Leave

On Friday, September 11, 2020, the Department of Labor issued revisions to the temporary rule regarding the federal Families First Coronavirus Response Act (“FFCRA”). Those revisions can be found here - https://www.federalregister.gov/documents/2020/09/16/2020-20351/paid-leave-under-the-families-first-coronavirus-response-act. The revisions take effect on September 16, 2020.

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