March 2022

Employment News & Updates

Recent Developments and Legal Trends in Employment Law

In an effort to keep our readers abreast of recent developments and legal trends, we summarize below what is new in the law and provide a “heads up” regarding what to expect in the coming months. We hope you find this helpful. Read more.

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Thought Leadership

New Federal Law Bans Enforcement of Mandatory Arbitration Agreements in Sexual Assault and Harassment Cases By Brian J. MacDonough In order to avoid public scrutiny, many employers require employees and prospective employees to agree to resolve employment disputes in private, confidential arbitration. As a result, the deterrent of public exposure is eliminated. To remedy this at least as to sexual harassment in the workplace, on March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act prohibits the enforcement of pre-dispute mandatory arbitration agreements for claims of sexual assault or sexual harassment in the workplace. Read more.

Protecting Health Care Whistleblowers under Massachusetts Law By Brian J. MacDonough Massachusetts is known globally for its outstanding health care. The health care industry is one of the largest sectors of the State’s economy. In recent years, health care workers have made up approximately twenty percent of the Massachusetts workforce, and industry-wide growth is projected to continue over the next decade. Not surprisingly, health care employment issues are numerous, complex and, sometimes may involve patient safety and other risks to public health. As discussed below, the Massachusetts Health Care Whistleblower Act, M.G.L. c. 149, § 187 (“Whistleblower Act”), encourages the reporting of patient safety and public health issues and provides robust protections to health care workers who engage in certain legally protected whistleblowing activities. Read more.

But I Don’t Want to Go Back to the Office – Your Right to Work from Home By David I. Brody With the COVID Omicron-surge in the rear-view mirror, employers across Massachusetts are calling the workforce back into the office. This push to return to the office has led many employees to question their options to work at their home offices indefinitely. So how can you assess your right to continue working from home? For most, the issue of continuing remote work is better framed as two separate but related legal questions: (1) is the employer’s request to return to the office being executed in a lawful manner; and (2) does the employee have a personal right to work remotely. Read more.

Upcoming Educational Programs

April 4, 2022 - BBA Webinar: Mass. Equal Pay Act – Lessons of the Last Three Years, David Brody, moderator April 14, 2022 - BBA Webinar: Workplace Investigations: Understanding Best Practices from the Perspective of the Complainant, the Target and the Employer, Brian MacDonough, panelist May 1-5, 2022 - ABA International Labor and Employment Law Committee Midwinter Meeting, Berlin, Nancy Shilepsky, co-chair May 12, 2022 - MCLE Webinar: Massachusetts Leave Laws Made Simple, Gavriela Bogin-Farber, speaker May 18, 2022 - MBA Labor and Employment Conference, Brian MacDonough, panelist June 14, 2022 - International Forum of Senior Executive Advisors (IFSEA), London - Cross-Border Executive Investigations, Brian MacDonough, speaker

Sherin and Lodgen News and Accolades

Brian J. MacDonough one of 10 attorneys included for Executive & Professional Practice in the 2021 Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers Guide Esteemed legal publication Lawdragon selected Brian J. MacDonough, chair of the firm’s Employment Department, as one of just 10 attorneys recognized for his “Executives & Professionals” practice in the fourth edition of their 500 Leading Plaintiff Employment & Civil Rights Lawyers guide. Sherin and Lodgen was one of only three firms included in the list of 10 firms recognized for their “Executives & Professionals” practices. Read More.

Sherin and Lodgen listed as top tier firm in Massachusetts for Labor and Employment Practice by 2022 Benchmark Litigation

Nancy S. Shilepsky inducted into the Lawdragon Hall of Fame, recognizing past members of the Lawdragon 500 and other outstanding lawyers who have made a remarkable contribution to the profession.

HALL OF FAME

Nancy S. Shilepsky named to Benchmark Litigation’s inaugural national list of “Top 20 Labor & Employment Litigators”

Recent Speaking Engagements

David I. Brody moderated a BBA webinar panel on understanding employment rights concerning veterans and servicemembers on February 28, 2022.

Gavriela M. Bogin-Farber presented at Northeastern University School of Law’s Annual Labor and Employment Program on February 24, 2022.

David I. Brody presented at BBA Webinar on COVID-19 in the workplace post-Omicron on February 14, 2022.

Gavriela M. Bogin-Farber presented at MBA webinar on COVID’s impact on the practice of employment law on December 3, 2021.

Recent Press

Gavriela M. Bogin-Farber quoted in MLW on SJC decision regarding Personnel Records Act on January 3, 2022.

David I. Brody quoted in MLW on an employer’s unlawfully retaliation in attempt to compel ex-employee to drop MCAD claim on November 1, 2021.

Sherin and Lodgen Employment Department

Sherin and Lodgen’s Employment Law Department represents executives, professionals, and business clients across a wide range of industries, providing counseling, negotiations, and complex litigation services.

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