By Magdalen Teodecki March 25, 2023
Hirsch Roberts Weinstein is thrilled to announce that partner Liz Monnin-Browder was recognized as a “Go To Employment Lawyer” by Massachusetts Lawyers Weekly. A “Go To Lawyer” is an accomplished senior attorney who is viewed as an expert in their field and has a record of success for their clients. Congratulations to Liz for this well-deserved recognition!
Liz is an experienced employment attorney and trusted advisor who focuses her practice on litigation, training, and counseling. She represents companies and non-profits in employment and business disputes across a broad range of industries. Clients rely on Liz to advise them regarding compliance with myriad employment laws and on matters related to discrimination, harassment, retaliation, wage and hour, restrictive covenants, leaves of absence, reasonable accommodations, discipline, terminations, and contract disputes, as well as various other issues that arise in the employment relationship. Liz also helps her clients stay on top of changes in the law and design and implement new policies. Liz represents clients in state and federal court, as well as before government agencies, such as the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission. She is an MCAD-certified trainer, and her practice includes training employers about their legal obligations. Liz applies strategic thinking, creative problem-solving, and exacting attention to detail to all phases of a lawsuit. She understands the business implications and human impact of litigation and works hand-in-hand with her clients to craft strategies that advance their goals.
By Janette Ekanem, Peter Moser, Catherine Reuben, Scott A. Roberts, David Wilson December 2, 2021
Thank you to all who joined us for our last Roundtable of 2021!
HRW’s Janette Ekanem, Pete Moser, Catherine Reuben, Scott Roberts, Dave Wilson discussed the new Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS). They reviewed the requirements of the law, the status of pending legal challenges, and issues related to reasonable accommodations of religion and disability. Full recording available here: https://www.youtube.com/watch?v=58gt3p8Ga3w
Keep in mind that information presented in this webinar is subject to change based on future events and does not constitute legal advice. Please reach out to any of the HRW presenters below if you have any questions.
By David Wilson February 20, 2013
One was a smart employee side lawyer and the other a veteran member of the Massachusetts Attorney General’s Wage & Hour enforcement group. Even though I have been doing this kind of work since before the cell phone, when these guys talk, I listen. The sharp lawyer, representing employees, brings private lawsuits against employers for wage and hour violations. He prefers to bring class actions and the law allows him to collect three times the unpaid wages owed, plus get his attorney’s fees paid by the employer. At the Attorney General’s Office, the other speaker gets calls from all over the state from employees who don’t think they have been paid properly.
I have created the below checklist to help you avoid the mistakes our keynote speakers commonly see Massachusetts employers make:
1.) Are you paying any individuals by a Form 1099? If so do they meet the three prong test in Massachusetts to be an independent contractor?
a.) Prong One: Freedom from Control
b.) Prong Two: Service Outside the Usual Course of the Employer’s Business
c.) Prong Three: Independent Trade, Occupation, Profession or Business
2.) Are you making automatic deductions from employees such as an automatic half hour for lunch whether the employee actually gets the lunch break or not?
3.) Have you asked anyone in the company to defer pay? You may not defer wages and the President and Treasurer of the company can be held personally liable for these unpaid wages.
4.) Are you reimbursing employees for all transportation expenses incurred when they use their own car, not for commuting, but for work related tasks during the work day?
5.) Are you treating holiday and vacation pay as provided in your policies as wages due and owing?
If you pass this check up, congratulations and rest easy. But if not, call your labor and employment counsel before an employee side class action lawyer finds one of your employees and sues you for treble damages and attorney’s fees.