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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 including MCAD, EEOC, and OSHA. 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 compliance with the Massachusetts Non-Competition Agreement Act and Massachusetts Paid Family and Medical Leave Act. Her practice also encompasses assisting clients with terminations and reductions in force, WARN notifications, workplace investigations, employee classifications, and employee handbooks and policies. Emma also counsels and negotiates C-Suite and business executive employment agreements. She is a regular contributor to the employment group’s blog.

Emma has been engaged in a number of the firm’s pro bono initiatives, including the asylum and immigration practice and providing employment advice to non-profit agencies and organizations. 

Emma has been a member of the Friends Council Leadership Committee for the Boys and Girls Club of Boston since 2022. She also currently serves as the Interim Chair of the firm’s Women’s Initiative Associate Subcommittee.

viewpoints

REMINDER: Massachusetts Paid Family and Medical Leave Next Steps

October 23, 2020 | Blog | By Natalie C. Groot, Emma Follansbee, Patricia Moran

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COVID-19 Telecommuting Tax and Leave Issues for Employers

October 20, 2020 | Blog | By Emma Follansbee, Michael Arnold

Months into the COVID-19 pandemic, many employer telecommuting arrangements remain in place, with several large corporations opting to extend these arrangements well into 2021. The benefits of such arrangements have been clear for many employers during the pandemic, including that they permit continued productivity while keeping employees safe. However, the longer that employees remain out of the office, the more telecommuting-related issues arise, including with respect to taxation of employee income and leave requirements, which we discuss below.
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Massachusetts Department of Family and Medical Leave Finalizes Revised Regulations: Here’s What You Need to Know

August 13, 2020 | Blog | By Patricia Moran, Natalie C. Groot, Emma Follansbee

Under the Massachusetts Paid Family Leave Law, M.G.L. c. 175M (“MAPFML ”), employees and other covered individuals in the Commonwealth will be entitled to a generous set of new leave benefits and rights beginning January 1, 2021. On July 24, 2020 , the Department of Family and Medical Leave (the Department) issued updated MAPFML regulations effective July 24, 2020 (the “2020 Regulations”). These regulations make several key changes to the MAPFML regulations issued in 2019 (the “2019 Regulations”). In our companion post, we cover the key changes between the 2019 Regulations and the 2020 Regulations. This post examines, in depth, changes affecting the MAPFML “Private Plan” exemption pathway.
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Massachusetts Paid Family and Medical Leave 2020 Regulations – Focus on the Private Plan Exemption

August 13, 2020 | Blog | By Patricia Moran, Natalie C. Groot, Emma Follansbee

Under the Massachusetts Paid Family Leave Law, M.G.L. c. 175M (“MAPFML”), employees and other covered individuals in the Commonwealth will be entitled to a generous set of new leave benefits and rights beginning January 1, 2021. The Department of Family and Medical Leave (the “Department”) recently issued updated MAPFML regulations, effective July 24, 2020 (the “2020 Regulations”). These regulations make several key changes to the MAPFML regulations issued in 2019 (the “2019 Regulations”). In our companion post, we cover the key changes between the 2019 Regulations and the 2020 Regulations. This post examines, in depth, changes affecting the MAPFML “Private Plan” exemption pathway.
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The WARN Act and COVID-19: What are Employers Obligated to Do?

May 14, 2020 | Blog | By Delaney Busch, Emma Follansbee

Facing the many challenges posed by the COVID-19 pandemic, employers are considering their obligations to their workforce in the event of a reduction in force related to COVID-19 (“COVID-19”). This post provides an overview of an employer’s WARN Act obligations in the event a COVID-19-related closure or reduction in force.
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With the reopening of the economy on the horizon, employers are looking ahead to welcoming employees back to the traditional workplace. Business operations will look vastly different during and after the COVID-19 pandemic. In Part 2 of our Roadmap Series, we outline important operational planning steps and actions employers can take now to successfully and safely bring employees back to the workplace. Future posts in this series will address many of these issues more in-depth, so be sure to stay tuned.
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Coronavirus Continues to Spread: What Employers Should Be Doing

February 27, 2020 | Blog | By Emma Follansbee

In light of the Coronavirus’s continued impact in the workplace, this post reviews the CDC’s newly issued guidelines for businesses, and dives deeper into how employers can lawfully navigate the Americans with Disabilities Act (ADA), sick time laws, and other leave laws, while maintaining the safety of their workforce.
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The recent outbreak of the Coronavirus in Wuhan, China, which has spread to the United States with new cases being reported every day, has the global community on high alert. While employers would be wise to leave the containment and treatment of the virus to medical experts, disease outbreaks present a unique set of employment law issues for many businesses, especially for those that require international travel as an essential job function for their employees.  This post addresses some of the employment issues raised by the Coronavirus outbreak.  (Note: we recognize events on the ground are fluid, and therefore will update this post as necessary.)
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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. 
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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).
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News & Press

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Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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Mintz Associate Emma Follansbee was quoted in an article published by EHS Today on legal considerations for employers as they educate and inform their employees of rapidly evolving news regarding the global Coronavirus outbreak.
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Mintz Associate Emma Follansbee was quoted in an article published by Bloomberg Law on legal considerations for employers as they take steps to safeguard workers from the global Coronavirus outbreak.
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Recognition & Awards

  • Featured in Best Lawyers in America Ones to Watch, Labor and Employment Law - Employee; Labor and Employment Law - Management; Litigation - Labor and Employment (2024 - 2025)

  • Boston Magazine Top Lawyers – Employment (2021)

  • Massachusetts Super Lawyers: Rising Star - Employment & Labor (2024)

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