April 1, 2025

Starting at 7:30 AM

Sheraton Framingham Hotel And Conference Center

1657 Worcester Road

Framingham, MA 01701

Agenda

PANEL 1: Understanding The At-Will Employment Relationship and Establishing Workplace Policies

Massachusetts is an at-will state, which means that, absent an employment agreement with specific terms and conditions to the contrary, both the employer and the employee may terminate the employment relationship at any time, for any lawful reason, and without notice. The at-will relationship, however, does not eliminate potential legal exposure when making a termination decision. Understanding the at-will doctrine’s limitations and how policies can be instrumental in establishing workplace expectations and standards of conduct is critical. This panel will explore the at-will employment relationship, workplace policy drafting and implementation, essential workplace policies, and best practices.

  • What Is the At-Will Employment Doctrine?
  • Can I Fire Whomever I Want, Whenever I Want?
  • Key Workplace Policies
    • Standards of Conduct
    • Discipline Policies
    • Discrimination and Leave of Absence Policies
    • Reasonable Accommodations
    • AI Related Guidance for the Workplace

PANEL 2: Navigating the Rapidly Changing World of Employment Laws and Executive Orders Under the New Administration

There has been a surge of activity and uncertainty following the new Administration’s newly issued Executive Orders (EOs) that may have far-reaching effects on employers.  While the full impact of these EOs is uncertain, employers need to stay informed and prepare for these changes.  To that end, this panel will discuss the EO entitled “Protecting the American People from Invasion,” which authorizes Immigration and Customs Enforcement (ICE) to audit or investigate employer compliance with immigration laws, as well as EOs impacting workplace anti-discrimination and anti-harassment policies and the enforcement priorities of and guidance from the Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB).

  • What Employers Need to Know About I-9 Audits and Immigration Raids
  • EEOC Practice: What Has Changed and What Remains the Same
  • The Impact of Uncertainty at the NLRB on Employment Practices
  • Should Employers Reconsider Certain Employment Policies and Priorities?

PANEL 3: Pay Transparency and Key Considerations

In 2024, Massachusetts enacted a pay transparency law, which imposes new requirements upon covered employers relating to pay range disclosures, reporting, and notices. This panel will discuss and analyze the key aspects of the law, how it will affect employers and employees, potential challenges to implementation, and other related considerations of which employers should be mindful.

  • Overview of the Law.
  • Important Dates and Action Items for Employers.
  • Implications Relating to Massachusetts Equal Pay
  • Job Descriptions, Offer Letters and More!
  • Best Practices

PANEL 4: Managing Employee Performance & Best Practices

Performance management is a critical aspect of the employer-employee relationship. Whether in the form of performance reviews, disciplinary actions, demotions and/or promotions, performance management is unavoidable. Creating and implementing a comprehensive performance management program is an essential tool for mitigating and defending against employment-related claims. This panel will discuss practical tips to ensure that performance management practices are effective and legally compliant and will review best practices relating to communication, documentation, and implementation of relevant policies and practices.

  • Equal Employment Opportunity Policies
  • The Importance of Employee Communication Regarding Performance
  • Documentation
  • Management Training
  • Consistency
  • Relevant Policies and Practice
  • Best Practices, and More!

Faculty

MICHELLE DE OLIVEIRA is a Director at Kenney & Sams, PLLC, where she advises on all aspects of employment-related matters from drafting employment agreements and handbooks to conducting internal investigations and litigating complex issues before state and federal courts and agencies. Michelle guides management in issues relating to leaves of absence, employee discipline, hiring and firing decisions, accommodations, and any other management need. She has authored numerous articles addressing employment law issues and has received multiple accolades for her contributions to the field

CHRISTOPHER A. KENNEY, a co-founder of Kenney & Sams, PLLC, is a nationally recognized litigator and mediator assisting organizations and individuals across diverse industries including real estate, construction, manufacturing, health care, pharmaceuticals, and hospitality. As the former President of the Massachusetts Bar Association, the Federal Bar Association (Massachusetts chapter), and Director of the IADC Trial Academy, he is a respected authority in the legal community.

DAVID KERRIGAN, a Director at Kenney & Sams, PLLC, is a litigator with three decades of experience both asserting and defending challenges to state regulations and statutes, and civil rights claims. He advises individuals and groups on contract claims, employment disputes and discrimination, prevailing wage issues, independent contractor classification issues, breach of lease claims franchise litigation, professional licensing issues, and more.

LAURA M. RAISTY, a Partner at Kenney & Sams, PLLC, counsels and defends employers in employment law matters. Laura has decades of experience advising companies of all sizes, including non-profits, on how to handle workplace disputes involving discrimination, harassment, retaliation, whistleblowing, wrongful termination, breach of contract, and wage and hour matters. She also handles the full range of employment-related litigation, arbitration, and mediation matters before courts, administrative agencies, and other tribunals.

HERLING ROMERO, an Associate at Kenney & Sams, PLLC, is a rising star in the employment law arena. A skilled litigator and counselor, he advises defendants and plaintiffs on employment matters related to wage and hour, allegations of discrimination and harassment, accommodations, and other workplace disputes.

GREG VANDEN-EYKEL, a Partner at Kenney & Sams, PLLC, counsels companies on all aspects of the employer-employee relationship. Often serving as outside general employment counsel, Greg guides management in all employment related needs including contracts, employee handbooks personnel policies, non-competition agreements, workplace safety, employee discipline, and hiring and terminations. He also represents employers in litigation before state and federal bodies.