Product Description

Recent updates:

• Update: January 2019

  Dear Subscriber:

  Thank you for updating your reference library with the 2019 supplement to Drafting Employment Documents in Massachusetts. This updated publication brings you the latest in employment law and procedure—for fast and practical answers to your questions and practice challenges.

  Highlights of the supplement include

  • explanation and analysis of changes to Massachusetts law regarding noncompetition and nonsolicitation covenants resulting from 2018 Mass. Acts c. 228, An Act Relative to Economic Development in the Commonwealth, (see Chapter 5) and minimum wage increases and paid family leave arising from 2018 Mass. Acts c. 121, An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday (see Chapter 14);

  • significantly revised chapters on arbitration agreements (see Chapter 6), investigating sexual harassment complaints (see Chapter 15), and resolving sexual harassment complaints (see Chapter 16);

  • review of new guidance from the National Labor Relations Board regarding drafting employee handbook policies in accordance with the National Labor Relations Act (see Chapter 12); and

  • notes on new cases that will affect your practice throughout the book.

  We at MCLE trust that you will find this new information useful in your law practice and in keeping your employment law library current. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: December 2016

  Dear Subscriber:

  Thank you for updating your reference library with the 2016 supplement to Drafting Employment Documents in Massachusetts. This updated publication brings you the latest in employment law and procedure—for fast and practical answers to your questions and practice challenges.

  Highlights of the supplement include

  • updated sample confidentiality and noncompetiton agreements reflecting the Defend Trade Secrets Act, see Chapter 5;

  • a significantly updated discussion of employee handbooks and the National Labor Relations Act, see Chapter 12;

  • both new and revised materials on family and medical leave policies, see Chapter 13;

  • a largely rewritten chapter on leave policies, see Chapter 14; and

  • notes on new cases and statutory changes that will affect your practice throughout the book.

  We at MCLE trust that you will find this new information useful in your law practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

• Update: February 2015

  Dear Subscriber:

  Thank you for updating your reference library with the 2015 revised edition of Drafting Employment Documents in Massachusetts. This updated publication brings you the latest in employment law and procedure—for fast and practical answers to your questions and practice challenges.

  Highlights of the new edition include

  • the elimination of often-cumbersome chapter "parts"—many topics that were previously a subpart of a chapter are now highlighted in their own chapter so that you can quickly focus on the topic you are looking for;

  • discussion of new Massachusetts laws regarding paid sick leave and leave for victims of domestic violence, see Chapter 14;

  • a brand-new chapter advising on employer policies to guide employee conduct and respond to employee misconduct, see Chapter 17;

  • a fresh take on drafting severance agreements from the employer's perspective presented by a new team of authors, see Chapter 19; and

  • notes on new cases and statutory changes that will affect your practice throughout the book.

  We at MCLE trust that you will find this new information useful in your law practice and in keeping your law library current. Thank you for your continued support.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Documenting the Hiring Process

Buy Chapter

Jeffrey A. Dretler, Esq., Rubin and Rudman LLP
David C. Kurtz, Esq., Constangy, Brooks, Smith & Prophete LLP

Exhibit 1A

- Internal Job Posting Process Buy Form

Exhibit 1B

- [reserved for future use]

Exhibit 1C

- [reserved for future use]

Exhibit 1D

- Sample Employment Application Buy Form

Exhibit 1E

- Karl Storz Online Application Buy Form

Exhibit 1F

- Checklist for Drafting Independent Contractor Agreements Buy Form

Exhibit 1G

- Sample Acknowledgment of Leased Employee Buy Form

Exhibit 1H

- Sample Independent Contractor Agreement with Proprietary Information Provision Buy Form

Chapter 2 expand

Affirmative Action

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John F. Adkins, Esq.,

Exhibit 2A

- Organizational Profile Buy Form

Exhibit 2B

- Sample Statement of EEO Policy Buy Form

Exhibit 2C

- Sample Applicant Flow Table Buy Form

Exhibit 2D

- Sample Applicant Flow Analysis Buy Form

Exhibit 2E

- Sample Job Offer Table Buy Form

Exhibit 2F

- Sample Job Offer Analysis Buy Form

Exhibit 2G

- Sample Termination Table Buy Form

Exhibit 2H

- Sample Termination Analysis Buy Form

Exhibit 2I

- Sample Promotion Table Buy Form

Exhibit 2J

- Sample Promotion Analysis Buy Form

Exhibit 2K

- Sample Job Posting Summary Buy Form

Exhibit 2L

- Sample Job Posting Analysis Buy Form

Exhibit 2M

- Sample Utilization Analysis Table Buy Form

Exhibit 2N

- Sample Utilization Analysis Discussion Buy Form

Exhibit 2O

- Sample Affirmative Action Goals Buy Form

Exhibit 2P

- Sample Equal Employment Opportunity Statement Buy Form

Exhibit 2Q

- Sample Equal Employment and Affirmative Action Statement Buy Form

Exhibit 2R

- Compliance Review Scheduling Letter Buy Form

Exhibit 2S

- Chart: Cases and Factors Buy Form

Chapter 3 expand

Checking Out the Applicant

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Carolyn B. French, Esq., Cengage Learning
Corinne Hood Greene, Esq., Greene & Hafer, LLC
Douglas T. Schwarz, Esq., Morgan, Lewis & Bockius LLP

Exhibit 3A

- Sample Language for Releases and Requests for Information Buy Form

Exhibit 3B

- Reference Chart Regarding Permissible Inquiries Buy Form

Exhibit 3C

- Preemployment Questions an Employer May and May Not Ask from MCAD Persons with Disabilities in the Workplace Guidelines Buy Form

Exhibit 3D

- Sample Authorization or Release Language to Obtain Employee’s Consumer Report Buy Form

Exhibit 3E

- USCIS Form I-9 Buy Form

Chapter 4 expand

Employment Agreements

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Bronwyn L. Roberts, Esq., Cooley LLP

Exhibit 4A

- Sample Employment Agreement Buy Form

Exhibit 4B

- Sample Letter Agreement with Appended Proprietary Information and Noncompetition Agreement Buy Form

Exhibit 4C

- Sample Employment Agreement Buy Form

Exhibit 4D

- Sample Employment Agreement: Private Entertainment Company Buy Form

Chapter 5 expand

Restrictive Covenants and Protection of Trade Secrets and Other Intellectual Property in Employment Agreements

Buy Chapter

Dawn M. Mertineit, Esq., Seyfarth Shaw LLP
Katherine E. Perrelli, Esq., Seyfarth Shaw LLP
Erik Weibust, Esq., Seyfarth Shaw LLP

Exhibit 5A

- Sample Confidentiality, Noncompete, and Assignment of Inventions Agreement Buy Form

Exhibit 5B

- Noncompetition Agreement Checklist Buy Form

Exhibit 5C

- Sample Employee Confidential Information and Noncompetition Agreement Buy Form

Exhibit 5D

- Sample Employment, Nondisclosure, and Noncompetition Agreement Buy Form

Exhibit 5E

- Sample Conflict of Interest Policy One Buy Form

Exhibit 5F

- Sample Conflict of Interest Policy Two Buy Form

Exhibit 5G

- Sample Acknowledgment Upon Termination of Employment Buy Form

Exhibit 5H

- Sample Proprietary Information and Noncompetition Agreement Buy Form

Exhibit 5I

- Sample Confidentiality and Trade Secret Policy Buy Form

Exhibit 5J

- Sample Offer Letter Buy Form

Chapter 6 expand

Arbitration Agreements

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Stephen B. Reed, Esq., Beck Reed Riden LLP
Lauren Schaefer, Esq., Beck Reed Riden LLP

Chapter 7 expand

Employee Benefits: Communications Under ERISA

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Livia Quan Aber, Esq., The Wagner Law Group, A Professional Corporation

Exhibit 7A

- Sample Group Benefits Plan Document Buy Form

Exhibit 7B

- Sample Summary 401(k) Plan Description Buy Form

Chapter 8 expand

Defining the Job: Understanding Job Descriptions

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Michele A. Whitham, Esq.,
Michele A. Whitham, Esq.,

Exhibit 8A

- Sample Job Description Buy Form

Exhibit 8B

- Multistyle Sample Performance Appraisal Buy Form

Chapter 9 expand

Fair Labor Standards Act and Massachusetts Wage and Hour Law Compliance

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Christian Garcia, Esq., Foley Hoag LLP
Michael L. Rosen, Esq., Foley Hoag LLP

Exhibit 9A

- Computing Overtime Payments for Salaried Nonexempt Employees Using the “Fixed Salary for Fluctuating Hours” Method (29 C.F.R. § 77814) Buy Form

Chapter 10 expand

Personnel Records

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Susanne Hafer, Esq., Greene and Hafer LLC
Mark E. Schreiber, Esq., McDermott Will & Emery
Robert G. Young, Esq., Bowditch & Dewey LLP

Exhibit 10A

- Advisory on Massachusetts Data Security Law Buy Form

Exhibit 10B

- Massachusetts Office of Consumer Affairs and Business Regulation 201 C.M.R. § 170 Compliance Checklist Buy Form

Chapter 11 expand

Privacy in the Workplace

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Allison B. Cherundolo, Esq., Morgan, Brown & Joy LLP
Daniel S. Field, Esq., Morgan, Brown & Joy LLP

Exhibit 11A

- DCJIS Sample CORI Policy Buy Form

Exhibit 11B

- Sample Employee Informed Consent Form for Treatment by Licensed Social Workers and Psychologists Buy Form

Exhibit 11C

- Sample Employee Assistance Program (EAP) Consent Form Buy Form

Exhibit 11D

- Sample Personnel Files Policy Buy Form

Exhibit 11E

- Sample Policy on Use of Company Computers, Internet, E-Mail, and Telecommunications Buy Form

Exhibit 11F

- Checklist of Issues for Assessing Employee Privacy Considerations Buy Form

Chapter 12 expand

Drafting Employee Manuals and Handbooks

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Ann Marie Noonan, Esq., Boston, City of/Office of Labor Relations
David B. Wilson, Esq., Hirsch Roberts Weinstein LLP

Exhibit 12A

- Checklist for Review of Employment Handbook from a Management-Side Perspective Buy Form

Exhibit 12B

- Sample Policy—Introduction to Employee Handbook Buy Form

Exhibit 12C

- Sample Policy—Employee Handbook Acknowledgment Form Buy Form

Exhibit 12D

- Sample Policy—Employment At Will Buy Form

Exhibit 12E

- Sample Policy—Reasonable Accommodation Buy Form

Exhibit 12F

- Sample Policy—Employee Grievance Procedure Buy Form

Exhibit 12G

- Sample Massachusetts Earned Paid Sick Time Policy Buy Form

Exhibit 12H

- Sample Massachusetts Parental Leave Policy Buy Form

Exhibit 12I

- Sample Policy—Leave to Address Abusive Behavior (Domestic Violence Leave) Buy Form

Exhibit 12J

- Sample Policy—Massachusetts Small Necessities Leave Act Leave Buy Form

Exhibit 12K

- Sample Policy—Family and Medical Leave Act (FMLA) Leave Buy Form

Exhibit 12L

- Sample Policy—Romantic Relationship Consent Agreement or Love Contract Buy Form

Exhibit 12M

- Sample Policy—BYOD or Bring Your Own Device Policy Buy Form

Chapter 13 expand

Family and Medical Leave Policies

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Jennifer Belli, Esq., Bello / Welsh LLP
Mark D. Szal, Esq., Szal Law Group LLC

Exhibit 13A

- Family and Medical Leave Act Poster (WHD Publication 1420) Buy Form

Exhibit 13B

- Notice of Eligibility and Rights and Responsibilities (Form WH-381) Buy Form

Exhibit 13C

- Designation Notice to Employee of FMLA Leave (Form WH-382) Buy Form

Exhibit 13D

- Certification of Health Care Provider for Employee’s Serious Health Condition (Form WH-380-E) Buy Form

Exhibit 13E

- Certification of Health Care Provider for Family Member’s Serious Health Condition (Form WH-380-F) Buy Form

Exhibit 13F

- Sample Notice Concerning the Genetic Information Nondiscrimination Act of 2008 (GINA) Buy Form

Chapter 14 expand

Other Employee Handbook Leave Policies

Buy Chapter

Gwen Nolan King, Esq., Sugarman, Rogers, Barshak & Cohen, PC
Christine M. Netski, Esq., Sugarman, Rogers, Barshak & Cohen, PC

Exhibit 14A

- Sample Vacation Policy Buy Form

Exhibit 14B

- Sample Vacation Policy Buy Form

Exhibit 14C

- Sample Vacation Policy Buy Form

Exhibit 14D

- Sample Holiday Policy Buy Form

Exhibit 14E

- Sample Holiday Policy (Nonmanufacturing, Nonretail) Buy Form

Exhibit 14F

- Sample Holiday Policy Buy Form

Exhibit 14G

- Jury Duty Leave Policy Buy Form

Exhibit 14H

- Sample Military Leave Policy Buy Form

Exhibit 14I

- Sample Bereavement Leave Policy Buy Form

Exhibit 14J

- Sample Earned Sick Time Policy Buy Form

Exhibit 14K

- Sample Small Necessities Leave Policy and Certification Buy Form

Exhibit 14L

- Sample Domestic Violence Leave Policy (Required for Employers of 50 or More Employees) Buy Form

Exhibit 14M

- Sample Parental Leave Policy Buy Form

Chapter 15 expand

Investigating Sexual Harassment Complaints: Procedures and Guidelines

Buy Chapter

Jennifer C. Davis, Esq., Jenn Davis LLC
Carla A. Reeves, Esq., Goulston & Storrs, PC

Exhibit 15A

- MCAD Model Sexual Harassment Policy Buy Form

Exhibit 15B

- MCAD Guidelines on 151B: Sexual Harassment in the Workplace Buy Form

Exhibit 15C

- Sample Workplace Antiharassment Policy Buy Form

Exhibit 15D

- Sample Reporting and Investigatory Procedures for Reports Made under the Employer’s Antiharassment Policy Buy Form

Exhibit 15E

- Sample Memorandum to Complainant Who Has Reported a Violation of the Employer’s Anti-Sexual-Harassment Policy Buy Form

Exhibit 15F

- Sample Checklist: Investigator’s Initial Interview of Complainant in Workplace Sexual Harassment Investigation Buy Form

Exhibit 15G

- Sample Memorandum to Respondent Who is Alleged to Have Violated the Employer’s Anti-Sexual-Harassment Policy Buy Form

Exhibit 15H

- Sample Checklist: Investigator’s Initial Interview of Respondent in Workplace Sexual Harassment Investigation Buy Form

Exhibit 15I

- Sample Checklist: Investigator’s Interview of Witness in Workplace Sexual Harassment Investigation Buy Form

Exhibit 15J

- Sample Disciplinary Warning to Respondent Following the Employer’s Investigation of Harassment Complaint Buy Form

Exhibit 15K

- Sample Memorandum to Complainant Regarding the Outcome of the Employer’s Sexual Harassment Investigation Buy Form

Exhibit 15L

- Sample Template of Final Report of Employer’s Investigation Buy Form

Chapter 16 expand

Resolving Sexual Harassment Complaints

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Kara J. Johnson, Esq., Spruce Law LLC
Tracey E. Spruce, Esq., Spruce Law LLC

Chapter 17 expand

Policies to Guide Employee Conduct and Respond to Misconduct

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Scott J. Connolly, Esq., Arent Fox LLP

Exhibit 17A

- Sample Employee Handbook Code of Conduct Buy Form

Exhibit 17B

- Sample Attendance Policy Buy Form

Exhibit 17C

- Sample Computer Use and Social Media Policy Buy Form

Exhibit 17D

- Sample Small Employer Workplace Violence Prevention Policy Buy Form

Exhibit 17E

- Sample College/University Workplace Violence Prevention Policy Buy Form

Exhibit 17F

- Sample Large Employer’s Management Guidelines for Preventing Workplace Violence Buy Form

Exhibit 17G

- Sample Drug and Alcohol Policy Buy Form

Chapter 18 expand

Drafting Severance Documents: A Plaintiff’s Attorney’s Perspective

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Ellen J. Messing, Esq., Messing, Rudavsky & Weliky, PC
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC

Chapter 19 expand

Drafting Separation and Settlement Agreements: The Employer’s Perspective

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Erika D. Cagney, Esq.,
John P. McLafferty, Esq.,
Emily A. Zandy, Esq.,

Chapter 20 expand

Postemployment Benefits: COBRA Continuation, Group Health Continuation Under Massachusetts Law, and Unemployment Benefits

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James W. Bucking, Esq., Foley Hoag LLP
Christopher S. Feudo, Esq., Foley Hoag LLP
James Fullmer, Esq., Foley Hoag LLP

Exhibit 20A

- Model General Notice of COBRA Continuation Coverage Rights Buy Form

Exhibit 20B

- Model COBRA Continuation Coverage Election Notice Buy Form

Chapter 21 expand

Discovery in Alternative Forums: Labor and Employment Cases

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James W. Bucking, Esq., Foley Hoag LLP
Rebecca J. Sivitz, Esq., Proskauer Rose LLP

Exhibit 21A

- MCAD Postdetermination Discovery Order Buy Form

Editor(s)

Author(s)