Employment Law Bits

What are the legal holidays in Massachusetts, and can you make your employees work them?

Are you legally allowed to make your employees work on a holiday? According to Massachusetts law, if an employer requires an employee to work in any mill or factory on any legal holiday, except to perform work that is absolutely necessary and can lawfully be performed on Sunday, it can lead to a fine of up to $1,500.

Retail stores and shops, however aren’t quite as strict. All stores and shops that sell goods at retail may open on Memorial Day, the Fourth of July, and Labor Day. However, they may not open on Christmas Day if it happens to fall on a Sunday.

So, the retail stores may open, but who can work? People may work on these days if their performance of labor, business, or work is directly connected to retail sales on these days. On these holidays, retail stores may sell all types of goods and foodstuffs that may lawfully be offered for sale in Massachusetts.

But what holidays are “legal holidays?” Legal holidays in Massachusetts include: January 1st, July 4th, November 11th, and Christmas Day. If any of these days occur on a Sunday, the following day shall be considered a “legal holiday.” Other legal holidays include the third Monday in January, the third Monday in February, the third Monday in April, the last Monday in May, the first Monday in September, the second Monday in October, and Thanksgiving Day.

But wait just a moment, if you work in Suffolk County, Evacuation Day on March 17th and Bunker Hill Day on June 17th (or the day following, when either fall on a Sunday) are also considered legal holidays.

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Nepotism in the Workplace - is it discrimination?

Today many employers are lending a hand to struggling family members or friends by offering them employment opportunities. Normally nepotism (favoritism directed exclusively or mainly toward friends or relatives, regardless of merit) in the private sector is not illegal, and therefore, nobody has a cause of action against an employer for engaging in it. However, there are two circumstances in which engaging in nepotism can land an employer in trouble.

First, if an employer hires friends or relatives to the point where they fail to consider people of other races, creeds, sexes, or ages, they may be violating Title VII of the Civil Rights Act of 1964.

Secondly, if an employer creates workplace conditions that effectively force out an existing employee to make room to hire a relative, the employer may be liable, and therefore, must pay damages to the forced out employee.

These discrimination claims may arise when a private employer has six or more employees.

If you have any questions as to the legal implications of hiring a friend or relative, please contact an employment law attorney.

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Reemployment rights of military personnel when returning from active duty

If you are a member of the United States military, or if you employ someone who is, then you must be aware of the federal rights granted to members of the military. An employer may not refuse to employ or reemploy a person simply because they are a member of the National Guard or a branch of the Reserves. An employer also may not take any adverse action against a current employee for that reason.

To be entitled to reemployment, the employee generally must have given advanced notice of their deployment, must not have had a total of five years absence by reason of prior deployments, and the employee must have submitted an application for reemployment. The military member must be reemployed at the job they would have obtained absent military service, and with the same seniority and pay.

Moreover, these rules apply regardless of the size of a company. It is also important to note that a military leave cannot affect a worker’s right to bonuses, vacation time, advancement or other employment benefits. However, an employer need not pay an employee while the employee is away for military service.

There are various exceptions to these general rules. If you are a member of the armed forces and want to know your rights, or if you are an employer and would like to know your obligations under the law, consult an attorney.

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The changing attitude toward whistle blowers

Small business owners and human resource managers constantly read documents filled with legal terms. So, what exactly is whistle blowing?

According to the U.S. Office of Special Counsel, a whistleblower is a person who reports information which he or she believes evidences any of the following:

• A violation of any law, rule, or regulation
• Gross mismanagement
• A gross waste of funds
• An abuse of authority
• A substantial and specific danger to public health
• A substantial and specific danger to public safety

Legislation to protect whistle blowers was initially enacted in the late-1970’s during the civil rights movement. In 2002, federal legislation extended whistle blower protection to employees in publicly traded companies.

Courts are most likely to protect whistle blowers when reports of misconduct have been made to a government agency. Oftentimes, when internal reports are made within a company, the employee’s activities will not be considered “protected conduct.” It is advisable to encourage all employees to report any problems promptly to a supervisor so that the company can deal with the issue internally, before whistle blowing to a government agency becomes necessary.

The attitude toward whistle blowers has changed to the point where the employee may be able to reap the benefits of a government law suit in a False Claims Act action. These are called qui tam actions brought by the government against the company. The employee who witnesses a “false claim” by his or her employer will bring forward evidence to the United States Attorneys. If they decide to go ahead with the action, the whistle blower will be entitled to collect a percentage of the damage against the company won during litigation. This provides an incentive for whistle blowers to come forward after they have consulted with supervisors, and the supervisors have taken no action.

If you are an employee in a difficult position and need guidance, please contact an employment law attorney. If you are an employer who needs advice about a better oversight system please do the same.

Image credit: Steven Depolo