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Morgan G. Tanafon

Associate

[email protected]

+1.617.348.4431

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Morgan counsels clients on a wide variety of federal and state employment matters. He has assisted with compliance, employment disputes, and wage and hour litigation.

During law school, Morgan worked as an employment law intern for a financial services company based in Boston and as a research assistant for a professor. In that role, he researched and drafted memos on pension reform efforts, state pension investment policies, and ERISA.

In law school, Morgan served on the editorial board of the Review of Banking and Financial Law.

Prior to attending law school, Morgan was a Captain in human resources for the US Army Reserve from 2011 to 2016.

Education

  • Boston University (JD)
  • University of Tampa (BS, magna cum laude)

Viewpoints

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OSHA Updates COVID-19 Recordkeeping Guidance

June 3, 2020 | Blog | By Morgan G. Tanafon, David Barmak

On May 19, 2020, the Occupational Safety and Health Administration ("OSHA") issued new interim guidance on recordkeeping for COVID-19 cases in the workplace.  Effective May 26, 2020, this guidance supersedes the April 10, 2020 guidance and supplements OSHA's March COVID-19 guidance on safeguarding the workplace against virus-related threats. We examine OSHA’s recommendations on both fronts in this post.
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Massachusetts Releases Reopening Plan & Business Requirements

June 1, 2020 | Blog | By Morgan G. Tanafon, Andrew Matzkin

Massachusetts has unveiled its plan to reopen from the shutdown enacted in response to the COVID-19 outbreak. This plan was formalized on May 18th in Governor Baker’s “Order Implementing a Phased Reopening of Workplaces and Imposing Workplace Safety Measures to Address COVID-19” (the “Order”). The reopening plan is divided into four flexible phases, each lasting a minimum of three weeks, although a resurgence of the virus could necessitate a return to an earlier phase of the plan and extend the reopening timeline.

Many Massachusetts businesses now have concrete guidance on the measures they are required to complete before reopening their workplaces, and a tentative timeline on when they might be able to reopen. Businesses must meet the required Mandatory Safety Standards for Workplaces (the “Safety Standards”) in order to reopen. Currently, only the Phase 1 standards have been released, with the release of other phase standards to follow as the plan progresses. In addition, as the plan progresses, the requirements for businesses in earlier phases will likely be updated as the public health emergency develops. Businesses should track updates from Massachusetts authorities going forward, including guidance from local jurisdictions.
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DOL Withdraws FLSA Inside Sales Exemption Lists

May 22, 2020 | Blog | By Morgan G. Tanafon

The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two lists that the DOL used for decades to interpret the exemption. The first list categorized businesses which lacked “retail concept,” thus disqualifying the business from the exemption; the second list denoted establishments which “may be recognized as retail.” Now, in lieu of operating from these static lists, the DOL will instead evaluate businesses on a case-by-case basis to determine if they qualify for the exemption. The withdrawal of these lists expands the inside sales exemption to cover many industries and businesses that were categorically unable to qualify for the exemption under the previous rules.
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Given the challenges presented by COVID-19, many businesses must consider large-scale, transformational changes to their operations. As social distancing continues and safety concerns pervade the public consciousness, adjustments to the physical workspace and business travel practices will be necessary to reflect these new considerations. In Part 4 of our COVID-19 Roadmap Series, we outline important planning steps and concerns employers need to consider relating to physical workspaces and business travel.
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On March 25, 2020, New Jersey expanded the scope of leave available to employees in light of the COVID-19 pandemic. This legislation, S2304, affects New Jersey’s Earned Sick Leave Law, Family Leave Act, and Temporary Disability Benefits Law, altering them to increase coverage in public health emergency situations. Importantly, these alterations are permanent and apply to situations beyond the COVID-19 pandemic. New Jersey employers should become familiar with the newly expanded leave laws and make it a priority to adjust their employee leave policies accordingly. This post highlight S2304’s most significant changes.
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In Part 3 of our Roadmap Series, we outline important guidance, procedures, and concerns employers need to consider to successfully and safely bring back employees to their worksite. As authorities begin reopening economies and traditional workplaces once again open for business, employers are facing difficult challenges regarding reorganizing and protecting their places of business. However, the exact measures appropriate and effective for each workspace will depend heavily on the outcome of a worksite risk assessment.
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The NLRB's Final Joint-Employer Rule Will Soon Be In Effect

April 17, 2020 | Blog | By Morgan G. Tanafon

Recently, the National Labor Relations Board (“NLRB”) issued its final rule for defining joint-employer status under the National Labor Relations Act (“NLRA”). The new rule retreats from the more expansive joint-employment principle in recent years, returning instead to the agency’s prior, more restrictive standard. As this new rule becomes effective on April 27, businesses should become familiar with the new definition and how it affects potential joint-employer status.
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COVID-19: Handling a Positive Diagnosis in the Workforce

April 8, 2020 | Blog | By Morgan G. Tanafon

As the COVID-19 outbreak continues to disrupt normal workplace operations, an increasing number of employers are facing the reality of employees testing positive for the virus – particularly in industries like healthcare, construction, transportation, or retail, where workers cannot necessarily telecommute. Employees may also report to work sick, or become sick at work, and show COVID-19 symptoms. Even though employers may be hoping for the best, it is best to have a plan for the worst. Employers should have clear plans and procedures in place to address confirmed or presumptive COVID-19 cases in the workplace, which will enable employers to take swift, appropriate actions to minimize risk for their employees and operations. The following are guidelines for steps to take in addressing these situations:
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Mobilizing Against COVID-19: Emergency Responder and Military Leave

March 22, 2020 | Blog | By Michael Arnold, Morgan G. Tanafon

As the United States continues to develop its response to the COVID-19 pandemic, thousands of members of the National Guard will be activated to help deal with the threat.  Last week, Massachusetts Governor Charlie Baker activated 2,000 of the state’s National Guardspeople to aid the COVID-19 fight. As states assess how to use the National Guard to assist with the current state of emergency, service members will be called on to serve in increasing numbers.
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NLRB Announces Final Joint Employer Rule

February 26, 2020 | Blog | By Morgan G. Tanafon

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