Increased Interest Seen In Employment Law
Business owners filled a conference room at the Westborough Double Tree Hotel this morning for what law firm Mirick O'Connell said was the group's largest employment law seminar yet.
The annual Labor, Employment and Employee Benefits Seminar featured a panel discussion that included the Massachusetts Commission Against Discrimination, Secretary of Labor and Workforce Development Joanne Goldstein and the National Labor Relations Board's Rosemary Pye, a regional director.
Sunila Thomas-George, commissioner of the discrimination commission, said MCAD handles cases of maternity leave, sexual orientation, criminal records and active military status, among others, but that most cases are disability. Disability cases are followed by gender and then race/color/national origin cases.
She said that while about 75 percent of cases lack probable cause to go forward, the number is much higher with disability cases.
She stressed the need for mediation early on in the complaint process.
"If the complainant agrees - and most of the time they do - it's a win-win," said Thomas-George, who was appointed to her position by Gov. Deval Patrick in 2007.
She said that when businesses receive complaints from workers, it's important that they speak with people relevant to the complaint - such as the worker's direct supervisor or co-workers - and that they should know their facts correct the first time so as not to hurt the company's credibility.
Goldstein detailed federal programs aimed at assisting both employers and workers.
She said there is $21 million available each year for workforce training that may not be in a company's budget. Goldstein said funds are still available for the fiscal year 2012 and the full $21 million is available for fiscal 2013. She said application turnaround is 60 days.
Another available training grant is up to $25,000 given twice a year for safety technique training.
Goldstein called the department's Rapid Response Team a "hidden gem" because it provides a resource for employers who are about to lay off or have laid off employees. Assistance is available to help place employees in jobs with other companies or to help determine cost-effective ways to retain all employees.
"We're a little puzzled when employers don't want to (take the assistance)," she said. "It actually is cost-effective for you to take benefits from the federal government" by not having to pay unemployment benefits.
Pye, of the NLRB, informed the audience that the board is not only available to assist worker unions.
She also said a recent major issue is the use of social media. Pye stressed that legal protection employees get "doesn't mean you can say anything you want to your boss on Facebook with impunity" and that new technology is being applied to "very old laws."
She said most complaints her department sees are dismissed because they can't solely be a criticism of the company, but that they would have to be seen as deliberately trying to ruin the company's image or being maliciously untrue.
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