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Emma Follansbee

Associate

[email protected]

+1.617.348.4732

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Emma counsels clients on a wide variety of employment issues and litigates employment disputes before state and federal courts and administrative agencies. Her litigation practice includes restrictive covenant agreements; discrimination, sexual harassment, and retaliation claims; and wage and hour compliance.

Emma regularly advises clients on compliance with federal, state, and local laws, including changes in Massachusetts non-compete laws and leave entitlements. Her practice also encompasses assisting clients with terminations and reductions in force, WARN notifications, workplace investigations, employee classifications, and employee handbooks and policies. She is a regular contributor to the employment group’s blog, covering topics such as the Massachusetts Paid Family and Medical Leave Act and Parental Leave compliance.

Emma has been engaged in a number of the firm’s pro bono initiatives, including the asylum and immigration practice and the Domestic Violence Project.

Education

  • Boston College (JD)
  • Wesleyan University (BA)

Viewpoints

Viewpoint General
This post summarizes the requirements of MAPFML and outlines the requirements of the private plan exemptions.  We also explain some of the obstacles employers who hope to take advantage of the exemption are likely to encounter. 
On May 1, 2019, the Massachusetts Department of Family and Medical Leave (the “Department”) issued guidance (the “May 1 Guidance”) extending two key deadlines applicable to the Massachusetts Paid Family and Medical Leave Law (MAPMFL).
Viewpoint General
In our last blog post on Massachusetts Paid Family and Medical Leave (“MAPFML”), we reviewed the Department of Family and Medical Leave’s (the “Department”) draft regulations published in January 2019 and outlined some of the questions left unanswered by the then-current regulations.  Since January, the Department has held a number of listening sessions throughout the Commonwealth soliciting comments and feedback on the draft regulations.  On March 29, 2019, the Department published revised draft regulations for public comment and hearing.  The regulations are set to be finalized on July 1, 2019, which is also the effective date of MAPFML and the commencement date for payroll deductions from employee paychecks. 
Viewpoint General

Massachusetts Paid Family Leave Law: What Employers Need to Know Now

February 6, 2019 | Blog | By Emma Follansbee

Last month, the Massachusetts Department of Family and Medical Leave (the “Department”), issued answers to a handful of frequently asked questions for both employers and employees, and published draft regulations for the implementation of Massachusetts Paid Family Leave (“MAPFL”).  Although the benefits under this new law are not available to employees until 2021, employers’ obligations begin in just a few months. This post delves into some of the key guidance issued by the Department thus far and explores some of the open questions posed at the first listening session in Boston on January 30, 2019.
Viewpoint General
Over the past five years, parental leave policies have become increasingly commonplace among employers. Such policies are important tools for recruiting and retaining talented employees, and are important components of a positive and inclusive company culture. Meanwhile, the Equal Employment Opportunity Commission (EEOC) is paying increased attention to how these policies may violate discrimination laws by providing unequal benefits along gender lines. Recently, the EEOC has placed certain policies under scrutiny. Taking lessons from these cases and other recent developments, this post provides employers with tips for ensuring that their parental leave policies are compliant with relevant laws.

Viewpoint General

NEW FCRA NOTICE REQUIREMENTS NOW IN EFFECT

September 24, 2018 | Blog | By Emma Follansbee

Earlier this month, the Consumer Finance Protection Bureau (CFPB) issued updated model disclosure forms required under the federal Fair Credit Reporting Act (FCRA). The updated “Summary of Your Rights Under the Fair Credit Reporting Act” form, which became effective on September 21, 2018, is one of many notices employers must provide under the FCRA when using a consumer reporting agency (CRA) to run a background check during the hiring process. The revised form is located here along with a revised Summary of Consumer Identity Theft Rights form.

Massachusetts Non-Compete Legislation Awaiting Governor Baker’s Signature

August 8, 2018 | Blog | By Katharine Beattie, Emma Follansbee

Employers in Massachusetts are watching closely as a non-compete bill was recently passed by the Legislature and is now on Governor Baker’s desk.

MA Pregnant Workers Fairness Act: Part II

April 5, 2018 | Blog | By Emma Follansbee

Now that the Massachusetts Pregnant Workers Fairness Act (PWFA) went into effect April 1, 2018, it is time for employers to confirm that they are taking steps to ensure compliance with the PWFA.
Employers beware.  A recent case serves as a reminder as we wind down the calendar year that employers should closely review their policies and procedures applying to employees paid on a 100% commission or draw basis.

Events

Speaker
Aug
16
2018

Mastering Absence Management, "Compliance - Overview of Regulations"

New England Employee Benefits Council

Boston, MA