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
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
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
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
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
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
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
5/3/2019
/ 1099s ,
Department of Revenue ,
Employee Contributions ,
Employer Liability Issues ,
Employment Policies ,
IRS ,
Medical Leave ,
Paid Leave ,
State Labor Laws ,
Trust Funds ,
Wage and Hour
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
3/19/2019
/ Agricultural Sector ,
Agricultural Workers ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Farms ,
Federal Labor Laws ,
Federal v State Law Application ,
MA Supreme Judicial Court ,
Over-Time ,
Popular ,
Seasonal Workers ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
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
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
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
8/15/2018
/ Employee Benefits ,
Employment Litigation ,
Preemption ,
Railroad Unemployment Insurance Act (RUIA) ,
Railroads ,
Remand ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Summary Judgment ,
Transportation Industry
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
6/29/2018
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Payroll Deductions ,
Retail Workers ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
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
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
2/1/2018
/ Accrued Benefits ,
Arbitration ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Paid Time Off (PTO) ,
Port Authority ,
Retirement ,
Sick Leave ,
Transportation Industry ,
Wages
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
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
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
7/20/2017
/ Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Zero Tolerance Policies
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
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
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
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
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
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
7/14/2015
/ Aviation Industry ,
Delivery Drivers ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Mileage Reimbursement ,
Motor Carriers ,
Payroll Taxes ,
Trucking Industry ,
Unpaid Overtime ,
Wage and Hour
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