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Massachusetts High Court Expands Employer Liability for Late Payment of Wages

In Reuter v. City of Methuen (April 4, 2022), the Massachusetts Supreme Judicial Court expanded an employer’s liability for the late payment of wages.  Generally, Massachusetts law requires that an employer that terminates an...more

Massachusetts High Court Adopts Federal Standard for Joint Employer Liability Under State Wage and Hour Law

In Jinks v. Credico (USA) LLC (December 13, 2021), the Massachusetts Supreme Judicial Court concluded that the appropriate method for determining whether two companies were “joint employers” for purposes of the Massachusetts...more

Massachusetts Designates Juneteenth as a State Holiday, Creating a New Obligation for Many Retail Employers

On Friday, July 24, 2020, Governor Baker signed a bill designating Juneteenth (June 19th) as an annual state holiday in Massachusetts.  In doing so, Governor Baker stated that this designation would help “recognize the...more

Massachusetts Releases Four-Phase Reopening Plan

On May 18, 2020, Massachusetts Governor Charlie Baker and the Massachusetts Reopening Advisory Board released the Reopening Massachusetts Report (the “Report”), which provides details regarding the state’s four-phase...more

Massachusetts Court Provides Guidance on Joint Employer Liability and the Scope of the Outside Salesperson Exemption

In Jinks v. Credico (USA) LLC (March 31, 2020), Judge Kenneth Salinger in the Business Litigation Session of the Massachusetts Superior Court provided guidance on two important wage and hour issues.  ...more

New Deadlines For Massachusetts Employers Under the Paid Family Medical Leave Program

On June 13, 2019, Massachusetts Governor Charlie Baker signed an emergency bill amending the Paid Family Medical Leave (PFML) law.  The bill, and subsequent guidance provided by the Massachusetts Department of Paid Family...more

Massachusetts Extends Critical Compliance Deadlines Under the Paid Family Medical Leave Law

On May 1, 2019, the Massachusetts Department of Family and Medical Leave (Department) offered Massachusetts businesses a temporary reprieve by extending two key deadlines critical to the implementation of the Massachusetts...more

Massachusetts High Court Finds That Employees Who Are Exempt From Overtime Under Federal Law Are Not Necessarily Exempt Under...

On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. ...more

Massachusetts Department of Family and Medical Leave Releases Proposed Regulations

On January 23, 2019, the newly-created Massachusetts Department of Family and Medical Leave (Department) released proposed regulations clarifying the rights and responsibilities of employers and employees under the new...more

Under WARN, and Beyond? Massachusetts High Court Holds That Failure To Pay A “Back Pay” Award Does Not Give Rise To Wage Act...

It is an entrepreneur’s nightmare. The company you struggled to create goes out of business due to a lack of financing. As the company goes under, the employees sue. ...more

Frequently Asked Questions About the New Massachusetts Noncompetition Agreement Act

The recently-enacted Massachusetts Noncompetition Agreement Act (“Act”) provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018. ...more

Court Rules Federal Railway Unemployment Insurance Act Completely Preempts Massachusetts Sick Leave Law

On August 10, 2018, the U.S. District Court for the District of Massachusetts ruled that the federal Railroad Unemployment Insurance Act (RUIA) completely preempts the Massachusetts Earned Sick Time Law (ESTL). ...more

Massachusetts Increases Minimum Wage, Eliminates Premium Pay For Sunday Work, And Enacts New Paid Leave Program

On June 28, 2018, Massachusetts Governor Charlie Baker executed legislation that makes sweeping changes to Massachusetts law. As part of this so-called “Grand Bargain” legislation (the “Act”), Massachusetts will incrementally...more

Reminder: Massachusetts Pregnant Workers Fairness Act Goes Into Effect April 1, 2018

The Massachusetts Pregnant Workers Fairness Act goes into effect on April 1, 2018. This new law requires employers with six or more employees to provide reasonable accommodations to pregnant employees. As the effective date...more

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

Massachusetts High Court Rules that Investors and Board Members are not Personally Liable for Unpaid Wages Under State Law

The Massachusetts Supreme Judicial Court recently held that individuals acting as board members and investors cannot be held personally liable under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148, for a...more

Massachusetts Expands Employers' Obligation to Accommodate Pregnant Employees

On July 27, 2017, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”). Once the Act takes effect on April 1, 2018, most employers with employees in Massachusetts will be required to provide...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

Non-Competes to Stay in Massachusetts…For Now

Yesterday, Massachusetts woke up to what is becoming a regular occurrence: the legislature was unable to pass a bill limiting the use of non-competition agreements in the Commonwealth, although it came the closest it has in...more

Massachusetts Adds Teeth to Equal Pay Obligations

On July 23, 2016, the Massachusetts Legislature passed the Act to Establish Pay Equity (the “Act”). The stated purpose of the Act is to increase wage transparency and bridge the gender gap with regard to wages. Governor...more

Massachusetts Earned Sick Time Safe Harbor is Drawing to an End: Are Your Policies Compliant?

On July 1, 2015, the Massachusetts earned sick time law took effect, requiring most Massachusetts employers to provide their employees with the right to accrue and take up to 40 hours of paid sick leave per year. The law...more

Executive Order Requires Federal Contractors to Provide Paid Sick Leave

On Labor Day, President Obama unveiled the latest executive branch action taking aim at federal government contractors. As labor and employment legislation has stalled in a divided Congress, the White House has again turned...more

Federal Judge Holds FAAAA Preempts a Critical Portion of the Massachusetts Independent Contractor Law

On July 8, 2015, a federal district court judge held that a section of the Massachusetts Independent Contractor law, as applied to same-day delivery services, is preempted by the Federal Aviation Administration Authorization...more

Massachusetts Attorney General Issues Final Sick Leave Regulations

Effective July 1, 2015, all private-sector employers in Massachusetts must provide their employees with up to 40 hours of sick leave per calendar year. Earlier this year, the Massachusetts Attorney General published proposed...more

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