Christopher Feudo

Christopher Feudo

Foley Hoag LLP

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Five Provisions of New Healthcare Legislation that Affect Employee Benefit Plans

Early on Thursday morning, March 9, the Committee on Ways and Means of the U.S. House of Representatives passed legislation that would fundamentally restructure the Affordable Care Act (or, as it is sometimes colloquially...more

3/11/2017 - Affordable Care Act Employee Benefits Healthcare Reform Medicaid Ways and Means Committee

New IRS Memo Concludes Benefits Paid by Fixed-Indemnity Health Plans May Be Taxable Income

On January 20, 2017, the Office of Chief Counsel of the Internal Revenue Service (IRS) issued a Memorandum on the tax treatment of benefits paid by fixed-indemnity health plans. In the Memorandum, the OCC concludes that...more

2/16/2017 - Health Insurance Indemnity IRS OCC Wellness Programs

MA Superior Court Adopts “Relief from Duties” Test to Determine If Meal Breaks Are Compensable

In a recent decision, a Massachusetts Superior Court judge clarified the standard for determining whether employers must pay employees for time spent on meal breaks under Massachusetts law. In Devito v. Longwood Security...more

1/24/2017 - DOL Employer Liability Issues FLSA Rest and Meal Break Wage Act Wage and Hour

New York Increases Minimum Salary Level for Some Exempt Employees

While the federal Department of Labor’s new overtime rule remains enjoined pending an appeal to the U.S. Court of Appeals for the Fifth Circuit, the New York Department of Labor (NYDOL) has moved forward with its own changes...more

12/30/2016 - DOL Exempt-Employees Minimum Salary Over-Time Wage and Hour

Federal Court Blocks New Overtime Rule

On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold...more

11/23/2016 - DOL FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

REMINDER: New Overtime Rule Goes Into Effect on December 1, 2016

On December 1, 2016, the U.S. Department of Labor’s new overtime rule will take effect. Most significantly, effective December 1, 2016, the minimum salary a worker must be paid to qualify for the executive, administrative,...more

11/1/2016 - DOL FLSA Minimum Salary Over-Time Wage and Hour

Massachusetts Enacts New Pay Equity Law

On August 1, 2016, Massachusetts Governor Charlie Baker signed the Pay Equity Act (the “Act”) into law. The Act, which goes into effect on January 1, 2018, is designed to close the wage gap between men and women. Although...more

8/2/2016 - Gender-Based Pay Discrimination Governor Baker Pay Discrimination Pay Equity Act (PEA) Pay Gap State and Local Government Wage and Hour

EEOC Revises Proposed Rule on Pay Data Collection

On July 13, 2016, the Equal Employment Opportunity Commission (EEOC) announced revisions to its proposed pay data collection rule, which would require employers with 100 or more employees to annually report employee pay data...more

7/18/2016 - Data Collection EEO-1 EEOC Pay Discrimination Payroll Records Reporting Requirements W-2 Wage and Hour

NLRB Ruling Makes It Easier to Organize Temporary Workers

On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that...more

7/15/2016 - Browning-Ferris Industries of California Inc. Community of Interest Joint Employers NLRB Staffing Agencies Temporary Employees Unions

Federal Court Halts the Enforcement of the Department of Labor’s “Persuader Rule”

On June 27, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction barring enforcement of the U.S. Department of Labor’s (“DOL”) new “persuader rule,” which as of July 1...more

6/29/2016 - Disclosure Requirements DOL LMRDA Persuader Rules Reporting Requirements Unions

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more

6/2/2016 - Anti-Retaliation Provisions Confidential Documents Corporate Counsel Discovery Gender Discrimination Hiring & Firing MA Supreme Court Protected Activity Self-Help Remedies

U.S. Department of Labor Releases Final Rule Revising “White Collar” Exemptions

On May 18, 2016, the U.S. Department of Labor (“DOL”) issued its final rule revising the so-called “white collar” exemptions under the Fair Labor Standards Act (“FLSA”). Most significantly, the rule raises the minimum salary...more

5/19/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

SJC Finds that Employee’s Unauthorized Copying of Proprietary Information Did Not Give Employer Grounds to Discontinue Severance

On February 4, 2016, the Massachusetts Supreme Judicial Court (SJC) held in Eventmonitor, Inc. v. Leness that an employer breached its agreement with a former employee when it reclassified the employee’s termination from...more

2/10/2016 - Breach of Contract Corporate Counsel MA Supreme Court Materiality Non-Disclosure Agreement Proprietary Information Severance Pay Termination

EEOC Proposes Rule Requiring Employers to Report Wage Data on EEO-1 Form

Late last week, the Equal Employment Opportunity Commission (EEOC) proposed a rule that would require employers with 100 or more employees to report data concerning employee pay on an annual basis. The rule, designed to...more

2/8/2016 - Comment Period EEO-1 EEOC Pay Discrimination Proposed Regulation W-2 Wage and Hour

Seventh Circuit Rejects EEOC’s Attack on Severance Agreements

On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the dismissal of a lawsuit by the EEOC against CVS Pharmacy, Inc. In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., the EEOC...more

12/23/2015 - Conciliation CVS Discrimination EEOC Failure To State A Claim Severance Agreements Termination Title VII

Employers May Be Able to Limit Treble Damages for Violations of the Massachusetts Wage Act

The Massachusetts Wage Act automatically entitles an employee who proves an unlawful failure to pay wages to treble damages. On June 18, 2015, however, a Massachusetts Superior Court judge ruled in Littlefield v. Adcole...more

8/6/2015 - Attorney Generals Employee Rights Employer Liability Issues Hiring & Firing Termination Treble Damages Unpaid Wages Wage Act Wage and Hour

Attorney General Clarifies Safe Harbor Under Earned Sick Time Law

On Wednesday, June 10, 2015, the Office of the Attorney General issued additional guidance clarifying the “safe harbor” to the Massachusetts Earned Sick Time (“EST”) law it announced on May 18, 2015. Specifically, the new...more

6/12/2015 - Earned Sick Time Paid Leave Paid Sick Leave Act PTO Safe Harbors Sick Leave

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more

6/4/2015 - Abercrombie & Fitch Discrimination Dress Codes EEOC EEOC v Abercrombie Employer Liability Issues Employment Application Hiring & Firing Reasonable Accommodation Religious Accommodation Religious Discrimination SCOTUS

Supreme Court Authorizes “Barebones” Court Review of the EEOC’s Conciliation Efforts

On April 29, 2015, the U.S Supreme Court held in Mach Mining, LLC v. Equal Employment Opportunity Commission that courts are empowered to review whether the U.S. Equal Employment Opportunity Commission (EEOC) satisfied its...more

4/30/2015 - Conciliation Corporate Counsel Judicial Review Mach Mining v EEOC SCOTUS

Supreme Court Sets New Standard Governing Employer’s Obligation to Accommodate Pregnant Workers

On March 25, 2015, the U.S. Supreme Court addressed an employer’s obligation to accommodate employees’ pregnancy-related job restrictions. In Young v. United Parcel Service, Inc., the Court recognized that employers who fail...more

3/27/2015 - PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

National Labor Relations Board Issues Final Rule on So-Called “Quickie Elections”

On December 15, 2014, the National Labor Relations Board (“NLRB”) published a final rule regarding its handling of union representation petitions and the timing of elections. The new procedures, dubbed the “quickie election”...more

12/19/2014 - Ambush Election Rules Final Rules NLRB Union Elections Unions

Supreme Court Rules Recess Appointments of NLRB Members Unconstitutional

On June 26, 2013, the U.S. Supreme Court held in National Labor Relations Board v. Noel Canning that President Obama’s use of recess appointments to fill three vacancies on the National Labor Relations Board in January 2012...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Supreme Court Decision Clarifies Approach to Donning-and-Doffing Cases Under the FLSA

On January 27, 2014, the U.S. Supreme Court held in Sandifer v. United States Steel Corp. that the Fair Labor Standards Act did not require an employer to pay workers for time spent donning and doffing protective gear. The...more

2/3/2014 - Collective Bargaining FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

Obama Administration Delays Implementation of Key Employer Requirements Under the ACA

On July 2, 2013, the U.S. Department of Treasury announced that employers and insurers will have an additional year to comply with mandatory reporting requirements under the Patient Protection and Affordable Care Act (“ACA”)....more

7/9/2013 - Affordable Care Act Deadlines Delays Employer Mandates Healthcare Pay or Play Shared Responsibility Rule U.S. Treasury

Out-of-State Workers May Sue under Massachusetts Wage Act

Late last month, the Massachusetts Supreme Judicial Court held in Taylor v. Eastern Connection Operating, Inc. that out-of-state plaintiffs may bring suit under the Massachusetts independent contractor statute where the...more

6/21/2013 - Independent Contractors Minimum Contacts Residency Status Wage Act Wages

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