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Delaney M. Busch

Associate

[email protected]

+1.617.348.1837

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Delaney litigates and counsels clients regarding employment disputes on a variety of employment and labor matters before federal and state courts and administrative agencies against individual and class actions. She counsels clients on employment and labor issues, including employee handbooks and company policies, employment and separation agreements, WARN notifications, reductions in force and terminations, and internal workplace litigation. Her litigation practice includes discrimination, retaliation, and sexual harassment claims, wage and hour compliance, and non-competition and non-solicitation agreements.

Prior to joining the firm, Delaney was senior counsel for a national law firm. In this role, Delaney worked on a wide range of litigation matters in the areas of insurance defense, employment, and product liability law, including claims against manufacturers of complex commercial machinery. During law school, she served as managing editor and as a staff member for the Journal of Health and Biomedical Law

Delaney’s additional legal experience includes internships for the Honorable Judd Carhart, Associate Justice of the Massachusetts Appeals Court, and the Honorable Maureen Walsh, Presiding Justice of the Holyoke District Court.

viewpoints

The Boston Celtics recent scandal comes at a time when workplace harassment claims (as reported by the EEOC) are on the rise, yet consensual office romantic relationships remain fairly common.  While most employees do not want their employers placing limits on whom they may seek as a romantic partner, from an employer’s viewpoint, the risks of such romances are clear, as they can easily cause real issues in the workplace: interoffice gossip, lack of productivity, reduced moral, allegations of favoritism, or worse, claims of sexual harassment. Mintz attorney Delaney Busch discusses key takeaways from this scandal and policies to minimize the employer’s risk.
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Congress has passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, marking a milestone in the #MeToo movement. This legislation (which President Biden is expected to sign into law) will effectively end mandatory arbitration of sexual assault and harassment disputes. Employees will now have a choice to proceed with their claims via arbitration or in court.
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Mintz’s pro bono work for The Food Project, a nonprofit focused on youth development and reducing food insecurity, has included advising the organization on governance, real estate, employment, privacy, and litigation matters.
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Is COVID-19 a Disability? Answer: Sometimes

December 17, 2021 | Blog | By Delaney Busch

The EEOC has updated guidance clarifying when COVID-19 may comprise a disability under the ADA. In a new Section N of its COVID-19 guidance entitled “COVID-19 and the Definition of ‘Disability’ Under the ADA, Rehabilitation Act, and other EEO Laws,” the EEOC focuses on when COVID-19 is, or is not, a disability, and the resulting impact on an employer’s obligation(s) under the law. Importantly, the guidance clarifies that depending on the circumstances, COVID-19 can meet the ADA’s three-part definition of “disability” (i.e., “actual disability”, “record of disability” or being “regarded as an individual with a disability”) and provide protections to applicants and employees. However, not every individual with COVID-19 will qualify as disabled. Employers must assess on a case-by-case basis to determine if the requisite standards are met. The guidance provides multiple examples of actual disabilities and regarded as disabilities to further assist employers in their assessments.
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OSHA Vaccine Rule Temporarily Blocked By Federal Appeals Court

November 7, 2021 | Blog | By Delaney Busch

A Federal appeals court has temporarily blocked OSHA’s vaccine rule. Citing to potential “grave statutory and constitutional issues” with the rule, the 5th Circuit promised an expedited judicial review of whether to block it permanently. We expect that even after the 5th Circuit rules, the Supreme Court will be asked to weigh in. We also, of course, will be closely monitoring this legal development, which impacts employers nationwide. Although the future of the OSHA vaccine rule is unknown at this time, employers should continue to take steps to come into compliance given the short compliance window provided by OSHA if the rule is upheld.
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Conference Recordings: Mintz's Annual Employment Law Summit

March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, Jennifer Rubin, Alexander Hecht, Danielle Bereznay, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brendan Lowd, Nicole Rivers, Richard Block

Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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Getting Back to Basics: Intermittent FMLA Leave

February 17, 2021 | Blog | By Delaney Busch

In concept, the FMLA is simple. In practice, however, administering FMLA leave, particularly on an intermittent basis can quickly become complicated, and many employers struggle trying to track and manage intermittent leaves. This post addresses some of the intermittent leave-related issues employers may face and offers best practices for ensuring compliance with the law.
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COVID-19, the New School Year, and Working Parents

September 8, 2020 | Blog | By Delaney Busch, Jennifer Rubin, Michael Arnold

The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. Not surprisingly, a one-size-fits-all approach for employers to appropriately manage working parents is likely difficult, if not impossible, to craft. In this post, we highlight some of the risks employers may face while offering some guidance regarding best practices to address these risks.
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A New York federal judge recently struck down certain aspects of the U.S. Department of Labor’s (“DOL”) Final Rule and accompanying guidance interpreting leave entitlements under the Families First Coronavirus Response Act (“FFCRA”). This decision increases the number of employees eligible for COVID-19-related leave, and will require employers to revisit their leave administration policies and procedures. However, it’s is unclear at this time whether New York will request the Court impose a nationwide injunction or injunctive relief that extends only to New York employers.
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Last week, the Centers for Disease Control and Prevention (the “CDC”) issued updated guidance detailing steps employers and office building managers should take prior to reopening. This guidance follows the beginning stages of most states’ business reopening efforts. The guidance focuses on four major topics: Evaluation of the Workspace, Assessment of Risk, Implementation of Workplace Controls, and Education.  In short, the guidance encourages employers to evaluate and address potential COVID-19 related hazards, and provides steps businesses can take to minimize exposure or transmission once their doors are opened. This new guidance echoes and supplements the CDC’s previous interim guidance as well as OSHA guidance, particularly with respect to the implementation of hazard controls.[1]  We summarize significant portions of the CDC’s updated guidance in this post.
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News & Press

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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
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Events & Speaking

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Perspectives

California's New Law Prohibits Discrimination Against Employees For Off-The-Clock Use Of Cannabis
October 14, 2022
California first legalized medical marijuana in 1996 and adult use or recreational marijuana in 2016. Since then, 39 states and the District of Columbia have legalized medical marijuana; 19 states have legalized adult marijuana use and ...
DOL Proposal, If Adopted, Will Substantially Impact Gig Economy Which Relies Primarily On Independent Contractors
October 13, 2022
On Tuesday, the U.S. Department of Labor (DOL) proposed a rule that would make it more difficult for companies to classify workers as independent contractors.  Such a change could potentially upend the gig economy, including ride-sharing ...
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Recognition & Awards

  • Super Lawyers: Included on the list of Connecticut Rising Stars (2016 - 2020)
  • Super Lawyers: Included on the list of Massachusetts Rising Stars (2021-2022)
  • Phi Delta Phi – Legal Honor Society
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Delaney M. Busch

Associate

Boston