Archive

2007 Archive

Boston Magazine and Massachusetts Super Lawyers
Sara Goldsmith Schwartz and William E. Hannum III have been selected as Massachusetts Super Lawyers in the area of Labor and Employment Law, for the fourth year in a row. These listings are published in the November, 2007 issue of Boston Magazine and in New England Super Lawyers. Only five percent of Massachusetts lawyers were named Super Lawyers.

Each year Massachusetts Super Lawyers are selected following a “Blue Ribbon Panel” review of the results of ballots sent to 37,000 lawyers throughout Massachusetts by Law & Politics.

LawyersUSA
William E. Hannum III was quoted in an article entitled “California mandates sexual harassment training” in the January 29, 2007 issue of LawyersUSA. The article cautions that California’s new statute mandating sexual harassment training not only impacts California employers, it may affect companies with multiple offices nationwide. Will comments: “There are two reasons to do training: to do the right thing and prevent harassment from happening and to prepare for litigation.” That way, Will adds “an employer can say that it made a reasonable effort and followed the best practices.”

 

2006 Archive

The National Law Journal
Sara Goldsmith Schwartz was quoted in an article in the December 8, 2006 issue of The National Law Journal entitled ‘Telecommuters Are Suing Employers.’ The article discusses the recent rise in actions brought by telecommuters alleging the denial of certain benefits such as mileage reimbursement and overtime due to the nature of their relationship with companies. Telecommuting-related litigation is likely to grow in tandem with the telecommuting phenomenon unless companies are careful to treat all of their employees equally, comments Sara. ‘If companies treat them more like regular employees, there will be less litigation.’ ‘Most companies with a large work-at-home work force do offer the same benefits and wage and hour opportunities that they do to other employers,’ said Sara, and cautions that treating work-at-home employees as independent contractors may lead to legal troubles.
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Massachusetts Lawyers Weekly
William E. Hannum III was quoted in an article in the December 4, 2006 issue of Massachusetts Lawyers Weekly entitled “Pre-emptive Strike.” The article cautions hospitals and physician practices that they may be targets for a new recruitment push by union organizers and the steps they can take to mitigate the possibility of union success in organizing their workforce. In the Article Will confirms that this is indeed a threat and comments that the one way to minimize the risk of union organizing is to ‘create a good work environment with open lines of communication between front-level managers and employees so that recruitment efforts don’t get very far.’

‘Dissatisfaction with how the rank-and-file employees are treated by front-line managers is often what drives a union-organizing campaign,” Will says. “If you’ve got terrible wages, but you’ve taken nice care of people otherwise, you might get away with it. But if you have great wages and you’re taking lousy care of people on an individual basis, you’re more likely to be the target of a union campaign.’

Boston Magazine and Massachusetts Super Lawyers
Sara Goldsmith Schwartz and William E. Hannum III have been selected as Massachusetts Super Lawyers in the area of Labor and Employment Law, for the third year in a row. These listings are published in the November, 2006 issue of Boston Magazine and in Massachusetts Super Lawyers. Only five percent of Massachusetts lawyers were named Super Lawyers.

Each year Massachusetts Super Lawyers are selected following a “Blue Ribbon Panel” review of the results of ballots sent to 37,000 lawyers throughout Massachusetts by Law & Politics.

Lawyers USA
William E. Hannum III was quoted in an article in the October 9, 2006 issue of Lawyers USA entitled ‘HP scandal puts spotlight on P.I. Investigations.’ The article addresses the possible risks to employers when they want to investigate an employee suspected of wrongdoing, and what they should and should not do to protect themselves. Surveillance is generally permissible if, as Will states, “the information you’re getting is publicly available.” However, employers need to exercise care to comply with applicable state and federal laws when using private investigators to conduct surveillance of employees, track e-mails, and obtain consumer reports.

Lawyers USA
William E. Hannum III was quoted in an article in the July 17, 2006 issue of Lawyers USA entitled “Wage and Hour Suits on the Rise.” The article addresses the increasing number of law suits being filed alleging violations of the Fair Labor Standards Act (“FLSA”) and state wage and hour laws.

Lawyers USA
William E. Hannum III was quoted in the May 8, 2006 issue of Lawyers USA in an article entitled ‘Employer Concerns Grow with Increased Employee Internet Use.’ The article addresses the problems employers face when employees access the Internet for entertainment and personal use while at work. Will is quoted as saying: ‘There’s a simple question of a lack of productivity when employees are watching a baseball game or shopping online, but there are also pretty serious questions of liability for employers as a result of employees using the Internet to gamble or look at pornography.’ In one case, Will described a client that was approached by the Secret Service: ‘It turned out that an employee was using the Internet to send threatening e-mails to the Vice President and Secretary of State.’ Will also cautions employers about potential liability, including sexual harassment suits, stemming from employees accessing pornography at work.

New England In-House
William E. Hannum III was quoted in an article in New England In-House entitled ‘Employers, Workers Struggle With Pregnancy Bias’ in the May 5, 2006 issue. The article addressed the problem of pregnancy bias in the workplace and states that according to EEOC statistics, pregnancy discrimination claims have risen 30% since 1992. Will says he advises his clients to ‘put on blinders’ when it comes to pregnant employees: ‘Pregnancy is a protected category. Set it aside and don’t talk about it in terms of how it might affect performance or productivity. You don’t know how someone is going to do based on a generalization, so don’t make it. Try to judge someone by performance alone.’ Will also cautioned employers that questions like ‘When are you due?’ from a manager might seem harmless but, he said: ‘There may be a perception that if the manager is talking about it, then there’s going to be a problem.’

To obtain an copy of this article, please contact Sheree-Lee Cote at 978-623-0900 ext. 105.

Lawyers Weekly USA
William E. Hannum III was featured in an article entitled: ‘Employment Lawyers Are Opening Their Doors To Immigrant Workers, Foreign Clients,’ in the April 24, 2006 issue of Lawyers Weekly USA. The article explores the perspectives of various attorneys regarding the challenges and rewards involved with representing immigrant workers in employment cases. Plaintiffs’ attorneys voiced as one of their complaints that employers sometimes inquire about immigrant status during an employment-related lawsuit, ostensibly to use such information on the immigrant worker as a potential scare tactic. However, representing the management side view, Will stated that generally he would not advise an employer to aggressively inquire about immigration status during the course of a case. Will is quoted as saying: ‘If you’ve violated the wage and hour laws and your best defense is the people weren’t authorized to be in the U.S., that sounds like the last line of defense.’

To obtain an copy of this article, please contact Sheree-Lee Cote at 978-623-0900 ext. 105.

Lawyers Weekly USA
William E. Hannum III was quoted in an article in Lawyers Weekly USA entitled ‘Employers, Workers Struggle With Pregnancy Discrimination Issues’ in the February 13, 2006 issue. The article addresses the problem of pregnancy discrimination in the workplace, and the rise in pregnancy discrimination claims, according to EEOC statistics, between 1992 and 2005. Will notes that the rise in meritorious claims suggests that plaintiffs are more aware of their rights. Will also notes that the current economy could be a factor influencing this increase. “When you have a little bit of give in the workforce, it’s easier to make due when somebody has to go out on a leave of absence.” But in a down economy, employers may have a more difficult time accommodating a pregnancy.

 

2005 Archive

Lawyers Weekly USA
William E. Hannum III was quoted in an article in Lawyers Weekly USA entitled ‘Employers, Workers Struggle With Pregnancy Discrimination Issues’ in the February 13, 2006 issue. The article addresses the problem of pregnancy discrimination in the workplace, and the rise in pregnancy discrimination claims, according to EEOC statistics, between 1992 and 2005. Will notes that the rise in meritorious claims suggests that plaintiffs are more aware of their rights. Will also notes that the current economy could be a factor influencing this increase. “When you have a little bit of give in the workforce, it’s easier to make due when somebody has to go out on a leave of absence.” But in a down economy, employers may have a more difficult time accommodating a pregnancy.

To obtain a copy of this article, please contact Sheree-Lee Cote at 978-623-0900 ext. 105.

Boston Magazine and Massachusetts Super Lawyers
Sara Goldsmith Schwartz and William E. Hannum III have been selected as Massachusetts Super Lawyers in the area of Labor and Employment Law, for the second year in a row. These listings are published in the November, 2005 issue of Boston Magazine and in Massachusetts Super Lawyers. Only five percent of Massachusetts lawyers were named Super Lawyers.

Massachusetts Super Lawyers were selected following a “Blue Ribbon Panel” review of the results of ballots sent to 37,000 lawyers throughout Massachusetts by Law & Politics. This year, Sara was on the Blue Ribbon Panel, having been selected for the Panel based on having among the highest number of points in the area of labor and employment law.

Massachusetts Lawyers Weekly
William E. Hannum III was featured in an article entitled ‘Big Brother is Watching’ in the September 19, 2005, issue of Massachusetts Lawyers Weekly. Will is quoted as saying: ‘Big Brother can watch as much as he likes so long as he gives fair notice,’ in this article about an employer’s right to monitor its employees’ computer activity.

To obtain an copy of this article, please contact Sheree-Lee Cote at 978-623-0900 ext. 105.

Society for Human Resource Management
William E. Hannum III was quoted in the Society for Human Resources Management’s (‘SHRM’) March 15, 2005 article entitled: ‘Anti-Harassment training: Less Is Less,’ which cautions employers about sticking only to the letter of the new California law requiring two hours of sexual harassment training for supervisors. The article suggests that employers who provide only sexual harassment training and not other anti-harassment training such as race, national origin, religion, and disability may be in for a rude awakening. Will reports that, although some companies resist providing anti-harassment training because the training is ‘time-consuming, expensive, and inconvenient,’ Schwartz Hannum designs programs that are broader in order to protect its clients. Will goes on to say: ‘I think not doing any harassment training at all is penny-wise and pound foolish. If you’re required by statute to do part of it, you might as well go all the way. It’s not a significant additional cost in terms of time, fees or resources.’

 

2004 Archive

Boston Magazine and Massachusetts Super Lawyers
Sara Goldsmith Schwartz and William E. Hannum III were selected as Massachusetts Super Lawyers for 2004 and were two of the top attorneys named as Massachusetts Super Lawyers in the area of Labor and Employment Law. These listings are published in the November 2004 issue of Boston Magazine and in Massachusetts Super Lawyers. Massachusetts Super Lawyers were selected following a ‘Blue Ribbon’ review of the results of ballots sent to 37,000 lawyers throughout Massachusetts by Law & Politics. Lawyers were scored based on the number and types of votes received. Only five percent of Massachusetts lawyers were named Super Lawyers.

Lawyers Weekly USA
William E. Hannum III was featured in an article entitled ‘Labor Department Overhauls Overtime Regulations’ in the May 11, 2004 edition of Lawyers Weekly USA. The article discusses how all employers must reassess how they classify their workers in light of the Labor Department’s first changes to the overtime regulations in nearly three decades. The new regulations go into effect on August 23, 2004 and will have a significant impact on employers and on attorneys who need to advise their clients on compliance with the new regulations.

Massachusetts Lawyers Weekly
William E. Hannum III was featured as a ‘Member on the Move‘ in the March 7, 2004 edition of Massachusetts Lawyers Weekly. This article discusses Will’s career path and participation in the legal community as Co-Chair of the Boston Bar Association’s Labor and Employment Section. The article also includes quotes from two clients of the Firm, Lucille Giddings, Chief Executive Officer of Nantucket Cottage Hospital, and Karen Rosenau, Senior Vice President of Human Resources for Banknorth Massachusetts and Banknorth Connecticut, regarding Will and the Firm’s commitment to providing high-quality representation and service.

Society for Human Resources Management
William E. Hannum III was quoted in the Society for Human Resources Management’s (‘SHRM’) March 3, 2004 article about the Equal Employment Opportunity Commission’s long-awaited issuance of proposed guidelines defining when a person who applies for a job over the Internet must be considered an ‘applicant’ for civil rights recordkeeping purposes. The guidelines were issued after consideration of whether the Uniform Guidelines on Employee Selection Procedures (‘UGESP’) needed clarification in light of the growth in online recruiting.

Massachusetts Lawyers Weekly
Sara Goldsmith Schwartz was featured in the February 23, 2004 issue of Massachusetts Lawyers Weekly in an article about Boston’s top women rainmakers in the legal profession. In the article, Sara encouraged other women attorneys that ‘the way to connect with people is to be yourself’ and warned against ‘using other people’s formulas for success’ or ‘trying to be someone you’re not.’

 

2003 Archive

Lawyer’s Weekly USA
William E. Hannum III was quoted in the October 27, 2003, issue of Lawyer’s Weekly USA, in an article regarding pregnancy discrimination claims. In this article, Will discusses the recent trend in pregnancy discrimination claims, as well as some of the practical problems that these claims present to employers. Will is quoted as saying, ‘Employers can get into a lot of trouble by making stray remarks [about pregnancy] in the workplace, even if they have the best of intentions.’

The Detroit News and Free Press
William E. Hannum III was featured in an October 5, 2003 issue of The Detroit News and Free Press , in an article regarding pregnancy discrimination claims. In this article, Will discusses pregnancy discrimination claims and the practical problems that these claims present to employers. Will is quoted as saying, ‘If you’re pregnant or if you’re disabled, you’ve got rights, but as an employer, trying to respect those rights while running a business can be a real challenge, and it may be that employers are getting tripped up on that.’

American Bar Association Journal eReport
Sara Goldsmith Schwartz was featured in a May 2, 2003, issue of the American Bar Association Journal eReport in an article regarding rainmaking and client retention skills. The article explains how Sara learns as much as possible about her clients and their businesses, and attempts to match the Firm’s attorneys with clients with similar interests. Sara is quoted as saying, ‘I look at a lot of characteristics: personality, humor and where opposites might attract. A personal connection, personal bond, can breed a long-term, enjoyable attorney-client relationship.’

Lawrence Eagle Tribune
Sara Goldsmith Schwartz was featured in an April 28, 2003, article in the Lawrence Eagle Tribune regarding women-owned law firms and innovative ways to balance work and family issues.

Electronic Recruiting Exchange, Inc.
William E. Hannum III and Julie Jackson co-authored a Guest Column entitled ‘The Elusive ‘Applicant': Mitigate Legal Risks By Defining Who It Is‘, originally published by Electronic Recruiting Exchange, Inc., in the April 25, 2003 issue of ER Daily. If you would like a more detailed discussion of this topic, please contact the Firm for a copy of the White Paper on this topic.

Boston Business Journal
Sara Goldsmith Schwartz was featured in the April 3, 2003, issue of the Boston Business Journal in an article regarding women rainmakers. Sara is quoted as saying, ‘I took a major turn [in choosing to start her own law firm], which ended up being a different kind of fast track, but not in the traditional sense.’

 

2002 Archive

Massachusetts Lawyers Weekly
Sara Goldsmith Schwartz was quoted in the February 4, 2002, issue of Massachusetts Lawyers Weekly in an article regarding Discovery Sanctions Imposed by the MCAD.

 

2001 Archive

Massachusetts Lawyers Weekly
Sara Goldsmith Schwartz was quoted in the October 29, 2001 issue of Massachusetts Lawyers Weekly in an article regarding the potential pitfalls of arbitration clauses in employment contracts.

 

2000 Archive

Massachusetts Lawyers Weekly
Sara Goldsmith Schwartz and William E. Hannum III are quoted in ‘Employee is Denied ‘Continuing’ Bias Claim,’ regarding the Firm’s successful motion to dismiss in Almeida v. The Children’s Museum, 28 M.L.W. 1130, 2000 Mass. Super. LEXIS 28 (Mass. Sup. Ct., Suffolk Co., January 11, 2000).