Product Description

Recent updates:

• Update: March 2024

  Dear Subscriber:

  Thank you for updating your library with the 2024 edition of Massachusetts Employment Law . This latest version brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many issues addressed in this edition include

  • the signing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, making predispute mandatory arbitration provisions unenforceable in sexual assault and sexual harassment cases arising after March 3, 2022;

  • numerous cases defining the circumstances under which covenants not to compete may be enforced;

  • the imposition of a stay when a motion to compel arbitration is subject to an interlocutory appeal;

  • a Supreme Judicial Court case clarifying the scope of the public policy exception in wrongful termination actions;

  • employers’ liability for treble damages despite payment of overdue wages prior to the filing of a lawsuit;

  • the use of state tort law claims against striking workers who fail to take “reasonable precautions” to protect their employer’s property;

  • application of the Family and Medical Leave Act to mental health conditions;

  • the burden of proof in establishing an employer’s intent in a whistleblower case brought under the Sarbanes-Oxley Act;

  • recent case law addressing religious discrimination claims and what constitutes an “undue hardship” for an employer presented with a request for religious accommodation;

  • distinctions between the Americans with Disabilities Act (ADA) and G.L. c. 151B on the law governing the reassignment of disabled employees;

  • enactment of the Pregnant Workers Fairness Act in 2023 (accommodation for pregnancy-related limitations that would not qualify as a “disability” for purposes of the ADA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act in 2022; and

  • developing law on the distinctions between employees and independent contractors.

  We trust that you will find this latest version of Massachusetts Employment Law an invaluable resource for your busy practice.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

The Path to Legalization in Massachusetts: An Advocate’s Account

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Richard M. Evans, Esq., Law Offices of Richard M. Evans

Chapter 2 expand

Regulatory Considerations Applicable to the Licensing and Operation of Marijuana Establishments

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Adam D. Fine, Esq., Vicente LLP

Chapter 3 expand

Land Use Considerations for Cannabis Business Development

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Valerio G. Romano, Esq., VGR Law Firm LLC

Checklist 3.1

- Steps for Identifying Potential Zoning Issues Relative to Cannabis Business Zoning Buy Form

Checklist 3.2

- Steps for Adopting or Amending Unfavorable Zoning Ordinances or Bylaws Relative to Cannabis Business Zoning Buy Form

Exhibit 3A

- G.L. c. 140A, § 5: Adoption or Change of Zoning Ordinances or By-laws; Procedure Buy Form

Chapter 4 expand

Corporate Issues Related to Cannabis Law

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Scott H. Moskol, Esq., Blank Rome LLP
Frank A. Segall, Esq., Blank Rome LLP

Chapter 5 expand

Business and Taxation of Cannabis

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Mitzi S. Keating, Citrin Cooperman

Chapter 6 expand

Business Policy Related to Cannabis

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Shanel A. Lindsay, Esq., Ardent Cannabis
Laury C. Lucien, Esq., Major Bloom

Chapter 7 expand

Hemp and Hemp-Derived Cannabinoid Issues

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Shawn Hauser, Esq., Vicente Sederberg

Exhibit 7A

- Hemp Industries Association v. Drug Enforcement Administration Buy Form

Exhibit 7B

- DEA Internal Directive Regarding the Presence of Cannabinoids in Products and Materials Made from the Cannabis Plant Buy Form

Exhibit 7C

- Proposed Rule for Establishment of a New Drug Code for Marihuana Extract Buy Form

Exhibit 7D

- Statement by Former FDA Commissioner Scott Gottlieb, M.D., on the Importance of Conducting Proper Research to Prove Safe and Effective Medical Uses for the Active Chemicals in Marijuana and Its Components Buy Form

Exhibit 7E

- FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol— Questions and Answers Buy Form

Exhibit 7F

- Hemp Industries Association et al. v. DEA, et al. Amicus Curiae Brief No. 17-70162 (Jan. 18, 2018) Buy Form

Chapter 8 expand

The Impact of Federal Law and Policy on State-Compliant Cannabis Commerce and Employment

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Michael D. Cutler, Esq.,

Appendix A expand

General Laws Chapter 94G—Regulation of the Use and Distribution of Marijuana Not Medically Prescribed

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Appendix B expand

935 C.M.R. 500.000—Adult Use of Marijuana

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