Michael L. Mason, Employment Lawyer

01/24/2025

Important FMLA clarification for employees taking medical leave! The DOL recently clarified that employers cannot require workers to use company sick leave while also taking FMLA leave. Employers also cannot count state or local leave used for non-FMLA reasons against an employee's FMLA entitlement. If state or local leave runs out before the employee exhausts their full FMLA entitlement, the employee is still entitled to all of their FMLA leave.

The Jan. 14 opinion letter hits on a compliance topic that is of routine concern to employers.

12/10/2024

Employers often assume disabled employees will not be able to perform their jobs. This case shows why that's wrong, and why the ADA and other similar laws are so important.

Employers “too often” make incorrect assumptions about deaf and hard-of-hearing individuals’ capabilities, an agency official said Dec. 6.

09/24/2024

Know your rights: Reasonable accommodations for disabilities.
As an employee with a disability, you may be entitled to reasonable accommodations to help you perform your job effectively. The Americans with Disabilities Act (ADA) and Massachusetts law require employers to provide these accommodations, as long as they don’t pose an undue hardship on the business.
What are reasonable accommodations? They can include things like:
• Modifying work schedules
• Providing assistive technology
• Making physical changes to the workplace
Feeling unsure about your rights? Our team of employment lawyers can help you understand your options and advocate for the accommodations you deserve.


* This post is for marketing purposes and is not intended as legal advice.

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09/19/2024

When do you need to disclose your disability under employment law?
Knowing when and how to disclose your disability is important to protect your rights in the workplace. The ADA and Massachusetts law generally prohibits employers from asking about your disability before you've been hired or during the application process.
However, there are exceptions. For example, if you are requesting a reasonable accommodation, your employer may need to know about your disability to determine if the accommodation is necessary. Additionally, if your disability could pose a safety risk in the workplace, your employer may be able to inquire about it.
Need guidance on when to disclose your disability? Our employment lawyers can help you understand your rights and navigate the complexities of disclosure. www.bennettandbelfort.com


* This post is for marketing purposes and is not intended as legal advice.

Our clients have access to an experienced and thoughtful team of lawyers. From advisory services to courtroom advocacy, attorneys at Bennett & Belfort, P.C. have “been there before.” As a result, we are often more persuasive, knowledgeable, and successful than our competition in advancing our cl...

09/13/2024

What does "disability" really mean in employment law?
Understanding the definition of disability is crucial for protecting your rights in the workplace.
Did you know that a disability can be:
• Physical: A physical impairment that limits a major life activity.
• Mental: A mental impairment that limits a major life activity.
• Record of: Having a history of a disability.
• Perceived: Being perceived as having a disability, even if you don't.
Have questions about your rights? Our team of experienced employment lawyers can help.

* This post is for marketing purposes and is not intended as legal advice.

09/12/2024

Are you facing discrimination at work due to a disability?

Workplace discrimination can take many forms, including:

Harassment
• Verbal: Insults, jokes, or offensive comments based on disability.
• Physical: Threats, intimidation, or physical assault.
• Visual: Displaying offensive images or symbols related to disability.
Failure to Accommodate
• Denying reasonable accommodations: Refusing to provide necessary adjustments to the workplace or job duties.
• Providing inadequate accommodations: Offering accommodations that do not effectively address the employee's needs.
• Retaliation: Taking adverse actions against an employee for requesting or utilizing accommodations.
Wrongful Termination
• Firing an employee due to disability: Terminating employment based on a disability, perceived disability, or association with a disabled individual.
• Discriminatory treatment leading to termination: Creating a hostile work environment or taking other adverse actions based on an employee’s disability.
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Remember: If you believe you have experienced disability discrimination, it's important to document the incident, report it to your HR department, and consider consulting with an employment lawyer.


* This post is for marketing purposes and is not intended as legal advice.

08/06/2024

Big win for work-from-home accommodations!

A recent jury verdict awarded $22.1 million to a Wells Fargo director who was laid off after requesting a work-from-home accommodation. This case highlights the importance of employers engaging in an interactive process under the Americans with Disabilities Act (ADA) when an employee requests a workplace accommodation.

What does this mean for you?
If you have a disability that impacts your ability to perform your job, you may be entitled to reasonable accommodations from your employer. This could include working from home, modified equipment, or flexible scheduling.

The key is communication!
Once an employee discloses their disability and the specific accommodation they're requesting, the employer is then required to engage in an interactive process to discuss the request and explore potential solutions.

This case is a reminder that employers have a legal obligation to consider accommodation requests in good faith.

If you're unsure about your rights or have been denied an accommodation, don't hesitate to reach out to an employment lawyer.

A judge said it wasn’t clear whether the employer engaged in “genuine discourse” about the ADA request.

07/12/2024

Age Above All Else? What the Biden-Trump Debate Tells Us About Workplace Bias

The recent debate between Presidents Biden and Trump sparked conversations about age and fitness for office. Among other things, this made me reflect on similar issues I see representing clients in age discrimination cases. ⚖

Here's why the debate matters for workplaces:

• Ageism Beyond the Number: Discrimination often hinges on perceived age, not a specific birthday. While Biden is older, both presidents fall within a similar age range. What some react to are stereotypical signs of aging, not job performance.

• Biases Fuel Discrimination: Just like political biases color perceptions of the debate, pre-existing beliefs about older workers can lead to unfair treatment. People who already think older adults shouldn't hold certain jobs are quicker to see limitations, even if they're unrelated to performance. ❌

What can we learn?
• Challenge assumptions about ability based solely on age.
• Recognize and address unconscious bias in ourselves and workplaces.

**What are your thoughts on ageism in the workplace? Share your experiences in the comments! **

05/30/2024

Disclosing a disability to a potential employer can be an agonizing decision for many individuals. While the legal landscape is clear – applicants are not obligated to disclose a disability before being hired – navigating disclosure and requesting accommodations can be a challenge. This article gives a good illustration of how employers can completely bungle this situation. Here, the employer not only refused to accommodate the employee’s disability but actually terminated her for failing to disclose it during her job interview. For an applicant or employee who needs help navigating disclosure or the accommodations process, an experienced employment lawyer can provide sound advice to guide them through.

The commission’s warning came as it sued an employer, alleging the company fired a new hire for failing to divulge disability information before starting work.

03/19/2024

It's often hard to explain to clients just how slowly the wheels of justice can turn and how winding the road can be. Happy for this plaintiff who endured terrible treatment on the job - but how agonizing those eight years must have been! Plus, the employer actually came out $12 million "ahead" after losing the second time.

The automaker successfully sought a retrial after a 2021 verdict awarded a former elevator operator more than $130 million in damages — but it lost again two years later.

03/15/2024

Massachusetts workers are entitled to be paid on time. Employees who are paid late may be entitled to more than just their paycheck. The Massachusetts Wage Act sets strict deadlines for wage payments and imposes stiff penalties on employers who fail to pay their workers on time. An employee who is paid late is entitled to recover three times the amount of the owed wages. Even if the employer makes up the late payment, the employee is entitled to this additional compensation.

When an employer fails to pay wages on time, it puts an unfair financial burden and stress on its workers. An experienced employment lawyer can help explain your rights and explore legal options. If you or someone you know is dealing with this, please reach out to book a consultation.

03/12/2024

This is an interesting and honest take on PIPs from the employer point of view. I would add that it's wise to consult with an employment attorney after receiving a PIP, especially if it seems unjustified. A PIP is often the beginning of the end, and sometimes we can influence things from the employee side before it's too late.

A former tech manager shares what it's like to put workers on PIPs and says being put on one means you should start looking for a job.