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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

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. 
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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.
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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.

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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.
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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.
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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.
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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.
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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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