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March 28, 2018Posted on

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March 28, 2018Posted on

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Pregnant Workers Fairness Act Imposes New Obligations on Employers

The Pregnant Workers Fairness Act (the “Act”)[1] goes into effect April 1, 2018. Are you ready? The Act applies to all employers with six or more employees. In creating a new protected class, the Act prohibits employment discrimination on the basis of pregnancy or a condition related to pregnancy. An employee may have a condition related to pregnancy during or after pregnancy. Examples are morning sickness, lactation, or the need to express breast milk. No later than April 1, 2018, employers must provide written notice, in a handbook, pamphlet, or some other form, to all employees of the “right to be free from discrimination in relation to pregnancy or a condition related to the employee’s pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child, including the right to reasonable accommodations for conditions related to pregnancy.”[2] In addition to the general notice requirement, written notice of rights under the Act must be provided to (1) all new employees at or prior to commencement of employment; and (2) to employees who notify the employer of a pregnancy or an employee who notifies the employer of a pregnancy-related condition, no more than 10...

March 6, 2018Posted on

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March 6, 2018Posted on

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Diane DeGiacomo speaks at Massachusetts Continuing Legal Education Conference

Diane DeGiacomo, chair of the firm’s litigation department, again served as a featured speaker at “Cutting Edge Issues in Western Massachusetts Family Law Practice”, along with distinguished family law lawyers and judges from the four western counties. In prior years, she has highlighted and discussed recent, important court decisions and legislative changes in Massachusetts law. This year, she demonstrated the art of persuasion in a mock argument involving complex financial matters to the judges who also served as panelists.

February 26, 2018Posted on

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February 26, 2018Posted on

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Syd Smithers speaks at the MA Municipal Law Conference

Syd Smithers once again participated in MCLE’s annual Municipal Law Conference. Massachusetts Continuing Legal Education, Massachusetts Municipal Lawyers Association, and the Massachusetts Municipal Association presented the 16th annual Municipal Law Conference on March 7, 2018. Partner Syd Smithers, who has previously participated as an author and speaker at the annual municipal law conference once again did so, presenting materials on Streets, Ways and Easements for the municipal lawyer. Other distinguished speakers at the conference included Mark Bobrowski, MA zoning and land-use expert and Gregor MacGregor, MA environmental law expert.

June 9, 2017Posted on

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June 9, 2017Posted on

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Elisabeth Goodman to present REBA update on legal issues respecting lake management

Elisabeth Goodman will present an update on legal issues respecting lake management to the Real Estate Bar Association, Environmental Law and Land Use & Zoning Sections. The presentation will be held Tuesday, June 20, 2017 at noon in the Presidents Conference Room at REBA, 295 Devonshire Street, Sixth Floor, in Boston. Attorney Goodman, an experienced environmental and land use attorney, will team with Ken Wagner, PhD, an expert on water resources and management, and President of Water Resource Services LLC. Topics will include: Lake districts and tax issues Herbicides Control of invasive species Necessary permits and case law update A question-and-answer session will follow the presentation. For more information, visit the REBA website by clicking here REBA

April 4, 2017Posted on

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April 4, 2017Posted on

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Lucy Prashker speaks to nonprofit leaders about “political” advocacy

Managing partner Lucy Prashker explored the legal boundaries of advocacy by 501(c)(3) organizations with leaders of the nonprofit Berkshire County community at a gathering on February 27, 2017 in South County. The presentation, organized by Beryl Jolly, executive director of the Mahaiwe Performing Arts Center, Inc., was the kick-off event for a planned series of meetings of nonprofit leaders about how best to advance their respective missions in the current political environment. Nonprofit board members often operate under the misconception that charities are not permitted to engage in issue advocacy. In fact, issue advocacy is permissible, even on issues that divide candidates in an election for public office, provided that issue advocacy does not “functionally” serve as political campaign intervention. Prashker’s presentation was followed by a lively give-and-take among the nonprofit leaders about specific advocacy challenges local charities are facing. Taking a stand on a politically-charged issue can adversely affect development efforts — but so too can not taking a stand on that issue. Most agreed mission should be paramount in determining action and that board education and participation is important. Follow-up gatherings of nonprofit leaders on this topic are planned. Should you like to learn more...

March 4, 2016Posted on

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March 4, 2016Posted on

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In Memoriam: Frederick M. Myers, Jr., our founder, mentor, and dear friend

We are sad to announce that Frederick M. Myers, Jr., our firm’s founder and a prominent and well-respected member of the Massachusetts Bar for over 50 years, died on February 27, 2016. Fred was born in Pittsfield on September 4, 1922, the son of Frederick M. Myers, Sr., and Ethel M. Myers. He attended Williams College, Class of 1943, and received his LL.B. cum laude from Harvard University in 1948. Fred was admitted to the New York Bar in 1949, and was employed at the prestigious Cravath, Swaine & Moore in New York City from 1948 until 1950 when he was admitted to the Massachusetts Bar, and joined his father in the practice of law as Myers & Myers. That partnership continued until the senior Myers died on August 11, 1963. On January 1, 1964, Lincoln S. Cain, Stephen B. Hibbard and Fred formed Cain Hibbard & Myers, with offices at 7 North Street. After a gas explosion damaged the 7 North Street building in 1970, the firm moved to 184 North Street and then, in 1988, to the newly constructed Tierney Building at 66 West Street. In 2014, Cain Hibbard & Myers, now with offices in Pittsfield, Great Barrington...

September 18, 2015Posted on

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September 18, 2015Posted on

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Lucy Prashker named 2015 Woman of Achievement by Berkshire Business and Professional Women

Lucy Prashker was named the 2015 Woman of Achievement by Berkshire Business and Professional Women (BBPW), an organization dedicated to promoting full participation, equity, and economic self-sufficiency for working women in Berkshire County. The award honors a Berkshire County woman for her significant career accomplishments and exceptional commitment to the community. On October 19, 2015, a reception will be held at the Country Club of Pittsfield to recognize Lucy as the 51st recipient of the Woman of Achievement award. Money raised by the event will go toward BBPW’s scholarship fund to allow Berkshire County women to pursue education to further their careers. Lucy joins an impressive list of fellow recipients who have been honored with the Woman of Achievement award since BBPW first granted the award in 1965. Read the Iberkshires.com article Lucy Prashker named Woman of Achievement

August 23, 2015Posted on

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August 23, 2015Posted on

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Employers Must Pay Employees for Voluntarily Working Through Lunch

Employers may be required to pay overtime when employees voluntarily work during their lunch breaks, even if the employees fail to record these hours. In VItali v. Reit Management and Research LLC, an employee regularly worked during her lunch break. She sued her employer for overtime pay that she would have received had this time been recorded. The employer claimed that it did not owe the employee overtime pay because (1) she never reported the hours in question; and (2) she had not complied with a company policy requiring her to obtain her manager’s approval before working overtime. The Appeals Court ruled in favor of the employee. It noted that the employer should have known employees worked during lunch because many employees had asked how to record lunch hours. It also noted that the overtime policy was not consistently enforced and would not necessarily apply to hours worked during lunch. To ensure that your business complies with the overtime pay laws, keep the following in mind: Make it is easy for employees to record any hours they work during lunch. Train employees on how to use your time-keeping system. You, not your employees, are responsible to ensure that all employee...

July 1, 2015Posted on

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July 1, 2015Posted on

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Attorney General Issues Final Regulations to New Sick Leave Law

CLIENT ALERT July 1, 2015 Under Massachusetts’s new sick leave law, voted into law on November 4, 2014, employees are entitled to forty hours of sick time per calendar year, with one hour of sick time accruing for every thirty hours worked. Employers with eleven or more employees must provide paid sick time. Employers with fewer than eleven employees may provide unpaid sick time. The Attorney General has issued Final Regulations that address ambiguities in the new law. They retain the main points contained in the Proposed Regulations and described in CLIENT ALERT: ATTORNEY GENERAL ISSUES PROPOSED REGULATIONS TO NEW SICK LEAVE LAW. The Final Regulations also expand upon the Proposed Regulations by answering the following questions in more detail. May I Cap Accrual of Sick Time at Forty Hours? Yes. When an employee accrues forty hours of sick time in a calendar year, no additional time is accrued regardless of additional hours worked. Where an employee’s sick time bank reaches forty hours, you may opt to delay further accrual until the employee draws down the bank to below forty hours. May Earned Sick Time Run Concurrently with FMLA and Other Federal and State Leave Laws? Yes. Earned sick time...

May 18, 2015Posted on

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May 18, 2015Posted on

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Extension available to certain employers for compliance with new Massachusetts Sick time Law

CLIENT ALERT May 18, 2015 Extension available to certain employers for compliance with new Massachusetts Sick Time Law Employers who currently offer sick leave to their employees may now have an additional six months to comply with the provisions of the new Massachusetts sick time law. The original effective date of the law was July 1, 2015, but employers who qualify for the extension have until January 1, 2016 to implement the new law. To qualify, the employer must have had as of May 1, 2015 a paid time off policy that provides employees with the right to use at least 30 hours of paid time off from January 1, 2015 to December 31, 2015. By July 1, 2015, paid time off must be provided to all employees, including part-time, temporary, and seasonal workers. Employers may provide proportional amounts of paid time off to part-time employees and employees hired after July 1, 2015. The paid time off must be job-protected and subject to the new law’s non-retaliation and non-interference provisions. Employers who did not maintain a paid time off policy as of May 1, 2015 do not qualify for the extension, and must comply with the new law by the...