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Massachusetts Adopts New Workplace Protections for Pregnant Workers

On July 28, 2017, Massachusetts Governor Charlie Baker signed the Pregnant Workers Fairness Act (“PWFA”) into law. The PWFA, which will go into effect on April 1, 2018, requires that employers provide reasonable...more

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim...more

SJC Rules Wage Act Plaintiffs Are Entitled to Prejudgment Interest, But Not on Treble Damages

Last week, the Massachusetts Supreme Judicial Court (“SJC”) resolved a contested issue under the Massachusetts Wage Act, ruling that successful Wage Act plaintiffs are entitled to prejudgment interest on the unpaid wages and...more

U.S. Department of Labor Signals Coming Changes

On June 27, 2017, the U.S. Department of Labor (DOL) made two announcements that signal a change of direction for the new Administration. First, the DOL announced in a press release that it would return to its decades-long...more

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractors

On June 7, 2017, the United States Department of Labor (“DOL”) announced that it is withdrawing the prior Administration’s guidance on joint employment and independent contractors. The Obama Administration had issued...more

What NYC Employers Need to Know about New Salary History Law

Earlier this month, New York City Mayor Bill de Blasio signed a bill prohibiting employers from asking job candidates about their salary history. The new law will go into effect on October 31, 2017....more

Massachusetts House Passes Bill to Expand Protections for Pregnant Workers

Last week, the Massachusetts House of Representatives unanimously passed the Massachusetts Pregnant Workers Fairness Act (H.3680). If the bill becomes law, it will expand employment protections for pregnant workers in...more

President Trump Repeals DOL “Blacklisting” Rule

On March 27, 2017, President Trump signed a bill repealing the U.S. Department of Labor’s Fair Pay and Safe Workplaces regulation. The President’s action ends any uncertainty surrounding the status of the rule, dubbed the...more

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

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

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

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

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

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

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

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

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

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

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

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

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