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Articles Tagged with workers rights

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Massachusetts could become the first state in the country to enact a broad workplace anti-abuse law intended to hold employers liable for perpetuating, condoning, or ignoring psychological abuse at work. On October 10, 2023, Massachusetts had the highest number of advocates in the nation ever testify in front of the legislature in favor of anti-abuse legislation in the workplace. Workers, employment attorneys, human resources professionals and others urged the Massachustts Joint Committee on Labor and Workforce Development to pass the Workplace Psychological Safety Act. The committee has until February to move the proposed bill forward.  

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Woman sitting at laptop in her homeIn the last few decades, and particularly since the start of the COVID-19 pandemic, remote working arrangements have become increasingly common. In many industries, an employee can produce documents, answer emails, and attend video meetings from anywhere with an Internet connection, without even setting foot in an employer’s office. That flexibility, however, can create complications for the employment relationship, particularly when there is a question about which state’s laws apply. Since Massachusetts laws are often more favorable to employees than those of other states, we regularly field questions from workers wondering whether they can enforce their rights under Massachusetts law even if they do not live, or regularly work, in Massachusetts.

Unfortunately, there is not one clear answer that applies to all laws or all situations. For the most part, a court will look at the details of an employment relationship to decide whether Massachusetts is the core of the relationship or has significant connections to what the employee was doing. The physical place that work takes place is relevant but not always dispositive.  CONTINUE READING ›

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Earlier this month, the Massachusetts Appeals Court limited protections available to public employees in Harrison vs. MBTA, holding that sovereign immunity protects public employers from claims brought under the employee misclassification and anti-retaliation provisions of G.L. c. 149.  

In general, sovereign immunity is a legal doctrine that protects a government from being sued. The Massachusetts government, like most governments, has created certain exceptions to the doctrine, so that the state can be sued under limited circumstances. Unfortunately, as decided in Harrison, employee misclassification and wage-based retaliation do not qualify.  

Background of the Case 

Harrison involves two workers who performed IT services for the MBTA pursuant to contracts between the MBTA and other merchants. The workers alleged that they were misclassified as independent contractors rather than employees, which disqualifies them from certain legal protections, and one of them alleged that he was fired in retaliation after asserting that he was misclassified.  

Both claims – misclassification and retaliation – arise under the Massachusetts Wage Act, G.L. c. 149, §148 et seq. Before reaching the question of whether the workers were misclassified or retaliated against, though, the court had to decide whether sovereign immunity allowed the suits to be brought against the MBTA.   CONTINUE READING ›

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