Jonathan Keselenko

Jonathan Keselenko

Foley Hoag LLP

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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

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

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

U.S. Department of Labor Issues Administrator’s Interpretation on Independent Contractors

As promised earlier this summer, on July 15, 2015, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an “Administrator’s Interpretation” (AI) regarding when individuals are misclassified as independent...more

7/17/2015 - Administrative Interpretation Classification DOL Economic Realities Test Employees Employer Liability Issues FLSA Independent Contractors Misclassification Wage and Hour

Department of Labor Proposes New Regulations Regarding “White Collar” Exemptions Under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released a proposed rule which, if implemented, will alter the minimum salary threshold for the so-called “white collar” exemptions to the minimum wage and...more

7/2/2015 - Barack Obama Comment Period DOL Exempt-Employees FLSA Multi-Factor Test NPRM Wage and Hour White-Collar Exemptions

D.C. Circuit Rules Recess Appointments of NLRB Members Unconstitutional, Calling Into Question Hundreds of NLRB Decisions

On January 25, 2013, the U.S. Court of Appeals for the District of Columbia ruled in Noel Canning v. National Labor Relations Board that President Obama’s use of recess appointments to fill three vacancies on the National...more

2/1/2013 - Barack Obama Canning v NLRB NLRB Pro Forma Sessions Recess Appointments

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