Product Description

Recent updates:

• Update: March 2021

  Dear Subscriber:

  Thank you for updating your reference library with the 2021 edition of MCLE's 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 this revision include

  • new sample offer letters for exempt and nonexempt employees (see chapter 4);

  • analysis of the special issues involved in enforcing electronic arbitration agreements (see chapter 6);

  • helpful information on the Massachusetts Paid Family Medical Leave (PFML) Law (see chapters 12, 13, and 14);

  • heavily updated materials on employee handbooks in regard to the National Labor Relations Act (see chapter 14);

  • an explanation of recent changes to holiday premium pay (see chapter 14); and

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

  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

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

Checklist 1.1

- Drafting Independent Contractor Agreements Buy Form

Exhibit 1A

- Internal Job Posting Process Buy Form

Exhibit 1B

- Sample Employment Application Buy Form

Exhibit 1C

- Karl Storz Online Application Buy Form

Exhibit 1D

- Sample Acknowledgment of Leased Employee Buy Form

Exhibit 1E

- 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

- Example Organizational Profile Chart Following 41 C.F.R. § 60-2.11 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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Corinne Hood Greene, Esq., Greene & Hafer LLC

Exhibit 3A

- Sample Language for Releases and Requests for Information as Part of Employment Application Buy Form

Exhibit 3B

- Reference Chart Regarding Permissible Applicant 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: Employment Eligibility Verification Buy Form

Chapter 4 expand

Employment Agreements

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Bronwyn L. Roberts, Esq., Duane Morris LLP

Exhibit 4A

- Form of Offer Letter (Nonexempt Massachusetts Employee) Buy Form

Exhibit 4B

- Form of Offer Letter (Exempt Massachusetts Employee) Buy Form

Exhibit 4C

- Executive Employment Agreement Buy Form

Chapter 5 expand

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

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Dawn M. Mertineit, Esq., Seyfarth Shaw LLP
Katherine E. Perrelli, Esq., Seyfarth Shaw LLP
Erik W. Weibust, Esq., Epstein Becker & Green

Checklist 5.1

- Noncompetition Agreement Checklist Buy Form

Exhibit 5A

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

Exhibit 5B

- Sample Employee Confidential Information and Noncompetition Agreement Buy Form

Exhibit 5C

- Sample Employment, Nondisclosure, and Noncompetition Agreement Buy Form

Exhibit 5D

- Sample Conflict of Interest Policy One Buy Form

Exhibit 5E

- Sample Conflict of Interest Policy Two Buy Form

Exhibit 5F

- Sample Acknowledgment upon Termination of Employment Buy Form

Exhibit 5G

- Sample Proprietary Information and Noncompetition Agreement Buy Form

Exhibit 5H

- Sample Confidentiality and Trade Secret Policy Buy Form

Exhibit 5I

- Sample Offer Letter Buy Form

Chapter 6 expand

Arbitration Agreements

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Stephen B. Reed, Esq.,
Lauren Schaefer, ArentFox Schiff LLP

Chapter 7 expand

Employee Benefits: Communications Under ERISA

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Livia Quan Aber, Esq., Arts & Business Council of Greater Boston

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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Christina Duszlak, Esq., Seyfarth Shaw LLP
Michael E. Steinberg, Esq., Seyfarth Shaw LLP

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. § 778.114) Buy Form

Chapter 10 expand

Personnel Records

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Susanne Hafer, Esq., Sullivan & Worcester LLP

Exhibit 10A

- Massachusetts Office of Consumer Affairs and Business Regulation 201 C.M.R. § 17.00 Compliance Checklist Buy Form

Chapter 11 expand

Privacy in the Workplace

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Daniel S. Field, Esq., Morgan, Brown & Joy LLP
Danielle Jurema Lederman, Esq., Bowditch & Dewey LLP

Checklist 11.1

- Issues for Assessing Employee Privacy Considerations Buy Form

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 Employer Policy on Use of Company Computers, Internet, Email, and Telecommunications Buy Form

Chapter 12 expand

Drafting Employee Manuals and Handbooks

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Kathleen A. Berney, Esq., Hirsch Roberts Weinstein LLP
Mark Macchi, Esq., Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP
David B. Wilson, Esq., Hirsch Roberts Weinstein LLP

Checklist 12.1

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

Exhibit 12A

- Sample Policy—Introduction to Employee Handbook Buy Form

Exhibit 12B

- Sample Policy—Employee Handbook Acknowledgment Form Buy Form

Exhibit 12C

- Sample Policy—Employment at Will Buy Form

Exhibit 12D

- Sample Policy—Reasonable Accommodation Buy Form

Exhibit 12E

- Sample Policy—Employee Grievance Procedure Buy Form

Exhibit 12F

- Sample Policy—Request for a Leave of Absence—Generally Buy Form

Exhibit 12G

- Sample Policy—Paid Family and Medical Leave Buy Form

Exhibit 12H

- Sample Policy—Massachusetts Earned Paid Sick Time Buy Form

Exhibit 12I

- Sample Policy—Massachusetts Parental Leave Buy Form

Exhibit 12J

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

Exhibit 12K

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

Exhibit 12L

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

Exhibit 12M

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

Exhibit 12N

- Sample Policy—Bring Your Own Device (BYOD) Policy Buy Form

Chapter 13 expand

Family and Medical Leave Policies

Buy Chapter

Jennifer Belli, Esq., Boston University/Office of General Counsel
Alexandra D. Thaler, Esq., Constangy, Brooks, Smith & Prophete LLP

Exhibit 13A

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

Exhibit 13B

- Notice of Eligibility and Rights and Responsibilities Under the FMLA (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 Under the FMLA (Form WH-380-E) Buy Form

Exhibit 13E

- Certification of Health Care Provider for Family Member’s Serious Health Condition Under the FMLA (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., Nolan King Law
Christine M. Netski, Esq.,

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

- Sample 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 Fifty or More Employees) 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

Checklist 15.1

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

Checklist 15.2

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

Checklist 15.3

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

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 Anti-harassment Policy Buy Form

Exhibit 15D

- Sample Reporting and Investigatory Procedures for Reports Made Under the Employer’s Anti-harassment 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 Memorandum to Respondent Who Is Alleged to Have Violated the Employer’s Anti-Sexual-Harassment Policy Buy Form

Exhibit 15G

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

Exhibit 15H

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

Exhibit 15I

- 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., Eluvayt Law LLC dba Spruce Law
Tracey E. Spruce, Esq.,

Chapter 17 expand

Policies to Guide Employee Conduct and Respond to Misconduct

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Scott J. Connolly, Esq., Verrill Dana 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.,

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
Christopher S. Feudo, Esq., Foley Hoag LLP
Christian Garcia, Esq., Foley Hoag LLP

Exhibit 21A

- MCAD Postdetermination Discovery Order Buy Form

Editor(s)

Author(s)