Product Description

Recent updates:

• Update: August 2025

  Dear Subscriber:

  MCLE is pleased to enclose your copy of the 2025 edition of Drafting Employment Documents in Massachusetts . Inside, you will find new material addressing topics such as the following:

  • Form of offer letter for nonexempt and exempt employees. See chapter 4 for several alternative options for clauses that address arbitration. The chapter also offers a sample document for the assignment of inventions and employee confidential information.

  • Employees' reliance on artificial intelligence (AI). Chapter 17 includes discussion of several widely reported cases, such as those involving attorneys who relied on less experienced staff to write court briefs that included fictitious or incorrect citations to cases. The chapter includes practical suggestions for employers regarding implementation of policies on the use of AI. The chapter includes a sample AI use policy.

  • Title VII. In chapter 8, find a new discussion of requested religious exemptions from an employer's health and safety policies, such as vaccination requirements, and the propensity for an imposition of hardship where an employee's job functions require them to interact in person—particularly in clinical health–care settings. A 2024 case is cited.

  • Privacy in the workplace—lie detector tests. See chapter 11 for information about a recent clarification of G.L. c. 149, § 19B to create a private right of action to enforce the statute's notice provision. A 2024 case cites a denial of a motion to dismiss an action brought by a job applicant alleging that the employer failed to provide him with notice of his statutory rights before he unwittingly participated in a virtual interview that involved the use of AI to analyze the applicant's facial expressions, eye contact, voice intonation, and voice inflection.

  We at MCLE trust that you will find this new material useful in your law practice and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 01 expand

Documenting the Hiring Process

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Jeffrey A. Dretler, Esq., Rubin 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 02 expand

Reserved

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Chapter 03 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

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

Exhibit 3C

- USCIS Form I-9: Employment Eligibility Verification Buy Form

Exhibit 3D

- Reference Chart Regarding Permissible Applicant Inquiries Buy Form

Exhibit 3E

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

Chapter 04 expand

Employment Agreements

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Charlotte Drew, Esq., Duane Morris LLP
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 05 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

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 06 expand

Arbitration Agreements

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Taylor Ann Listau, Esq., ArentFox Schiff LLP
Lauren Schaefer, ArentFox Schiff LLP

Chapter 07 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 08 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

Exhibit 8C

- General References Buy Form

Chapter 09 expand

Fair Labor Standards Act and Massachusetts Wage and Hour Law Compliance

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Gilleun Kang, 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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Benjamin J. Hinks, Esq., Bowditch & Dewey 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
Alicia M. Ward, Esq.,

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 (Disability) 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—Pregnancy and Lactation Accommodation Buy Form

Exhibit 12N

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

Exhibit 12O

- Sample Policy—Artificial Intelligence Tool Use Policy Buy Form

Chapter 13 expand

Family and Medical Leave Policies

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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

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Julie Martin, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP
Kathleen R. O'Toole, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Exhibit 14A

- Sample Earned Sick Time Policy Buy Form

Exhibit 14B

- Sample Vacation Policy Buy Form

Exhibit 14C

- Sample Vacation Policy Buy Form

Exhibit 14D

- Sample Vacation Policy Buy Form

Exhibit 14E

- Sample Holiday Policy Buy Form

Exhibit 14F

- Sample Holiday Policy (Nonmanufacturing, Nonretail) Buy Form

Exhibit 14G

- Sample Holiday Policy Buy Form

Exhibit 14H

- Sample Jury Duty Leave Policy Buy Form

Exhibit 14I

- Sample Military Leave Policy Buy Form

Exhibit 14J

- Sample Small Necessities Leave Policy and Certification Buy Form

Exhibit 14K

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

Exhibit 14L

- Sample Bereavement Leave Policy Buy Form

Chapter 15 expand

Investigating Sexual Harassment Complaints: Procedures and Guidelines

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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 Workplace Sexual Harassment Complaints

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Kara J. Johnson, Esq., Eluvayt Law LLC dba Spruce Law
Patrick L. Parker, Esq., Eluvayt Law LLC dba Spruce Law

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 Artificial Intelligence (AI) Use Policy Buy Form

Exhibit 17E

- Sample Small Employer Workplace Violence Prevention Policy Buy Form

Exhibit 17F

- Sample College/University Workplace Violence Prevention Policy Buy Form

Exhibit 17G

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

Exhibit 17H

- 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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Maureen Signet Berry, Esq., Foley Hoag LLP
James W. Bucking, Esq., Foley Hoag LLP
Christopher S. Feudo, 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
Christopher S. Feudo, Esq., Foley Hoag LLP
Christian Garcia, Esq., Foley Hoag LLP

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