Lyndsey Kruzer

Lyndsey Kruzer

Foley Hoag LLP

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Attorney General Announces 6-Month “Safe Harbor” Under Earned Sick Time Law

On Monday, May 18, 2015, the Office of the Attorney General announced a “safe harbor” for some employers under the Massachusetts Earned Sick Time Law. Specifically, the Attorney General has determined that for the so-called...more

5/19/2015 - Earned Sick Time Paid Leave PTO Sick Leave

Massachusetts Attorney General Issues Proposed Regulations Regarding Earned Sick Time Law

On April 24, 2015, the Massachusetts Office of the Attorney General issued proposed regulations regarding the Earned Sick Time law. The law, which was passed by voters on November 4, 2014 and takes effect on July 1, 2015,...more

4/28/2015 - Earned Sick Time Paid Sick Leave Act Sick Leave

Massachusetts SJC Rules that Taxicab Drivers Are Independent Contractors Under the Wage Act

On April 21, 2015, the Massachusetts Supreme Judicial Court (SJC) held in Sebago, et al. v. Boston Cab Dispatch, Inc., et al., that taxicab companies may classify taxicab drivers as independent contractors. The plaintiffs in...more

4/24/2015 - Employee Definition Independent Contractors Taxi Cabs Wage and Hour

SEC Charges KBR, Inc. with Using a Confidentiality Agreement that Could "Chill" Whistleblowing

About six months ago, the Director of the Office of the Whistleblower warned that the SEC was “going to bring a case where somebody has asked an employee or forced an employee to sign a document that in order of substance...more

4/7/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Popular Rule 21F Rule 23(b)(2) SEC Whistleblower Protection Policies Whistleblowers

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

New Parental Leave Law Expands the Massachusetts Maternity Leave Act

On January 7, 2015, one day prior to leaving office, Governor Deval Patrick signed into law the Parental Leave bill, which expands the scope of the Massachusetts Maternity Leave Act (“MLA”). The MLA provides female employees...more

1/12/2015 - Amended Legislation Deval Patrick Employer Liability Issues Maternity Leave Parental Leave Popular

NLRB Rules that Employees Have a Right to Use Employers’ Email Systems for Non-Business Purposes

In a 3-2 decision issued on December 11, 2014, the National Labor Relations Board (NLRB) held in Purple Communications Inc. that, in most circumstances, employees have a right to use employer email systems for non-business...more


NLRB Rules that Employees Have a Right to Use Employers’ Email Systems for Non-Business Purposes

In a 3-2 decision issued on December 11, 2014, the National Labor Relations Board (NLRB) held in Purple Communications Inc. that, in most circumstances, employees have a right to use employer email systems for non-business...more


Supreme Court Decides No Pay Owed for Amazon Warehouse Security Checks

On December 9, 2014, the U.S. Supreme Court unanimously held in Integrity Staffing Solutions, Inc. v. Busk, that Amazon warehouse employees were not entitled to pay for the time spent waiting to go through security checks at...more

12/12/2014 - Amazon FLSA Security Checks Wage and Hour Wages

Massachusetts Voters Approve Earned Sick Time Law

Yesterday, Massachusetts voters approved a ballot initiative that will mandate sick time for employees. Under the new law, which will take effect on July 1, 2015, employers must allow employees to accrue and use up to 40...more

11/6/2014 - Employee Rights Paid Leave Sick Leave

Massachusetts Increases the Minimum Wage and Reforms Unemployment Insurance

On Thursday, Governor Deval Patrick signed into law an increase in the state minimum wage to $11 per hour by 2017, the highest state minimum wage in the country. Specifically, Massachusetts’ current $8.00 per hour minimum...more

6/30/2014 - Employer Liability Issues Minimum Wage Unemployment Reform Wage and Hour Wages

Employer Can Be Liable for Negligently Terminating an Employee Based on Co-Worker’s Discriminatory Conduct

On May 23, 2013, the U.S. Court of Appeals for the First Circuit held in Velazquez-Perez v. Developers Diversified Realty Corp. that an employer may be liable under Title VII for negligently terminating an employee. Although...more

6/4/2014 - Discrimination Employer Liability Issues Hiring & Firing Negligence Termination Title VII

First Circuit Holds that Variable “Per Diem” Payments May be Part of an Employee’s Regular Rate of Pay for Calculating Overtime

On April 18, 2014, the U.S. Court of Appeals for the First Circuit held in Newman v. Advanced Technology Innovation Corp., that a per diem payment that is based on the number of hours worked by an employee must be considered...more

4/30/2014 - Employment Policies FLSA Per Diem Wage and Hour

Supreme Court Finds that Severance Pay is Wages for Purposes of Payroll Taxes

On March 25, 2014, the Supreme Court held in United States v. Quality Stores, Inc. that severance payments are taxable wages for FICA purposes. This decision confirms employers’ responsibility to treat severance pay as...more

3/27/2014 - FICA Taxes Payroll Taxes Quality Stores SCOTUS Severance Pay

Recent Decision on Temporary Disability Under the ADA Should Give Employers Pause

On January 23, 2014, the U.S. Court of Appeals for the Fourth Circuit (based in Virginia) held in Summers v. Altarum Inst., Corp. that a temporary injury, if sufficiently severe, may qualify as a “disability” under the...more

2/4/2014 - ADA ADAAA Disability Disability Leave Temporary Disability Insurance

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

New IRS Rule Affecting Hospitality Employers Takes Effect January 1, 2014

The IRS will begin enforcing a new rule concerning the taxation of automatic gratuities on January 1, 2014. Specifically, employers must start treating automatic gratuities – that is, charges that are compulsory to customers...more

11/4/2013 - FLSA Hospitality Industry IRS Service Charges Tips

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

7/5/2013 - Discrimination EEOC Employee Rights Employer Liability Issues Hiring & Firing Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University

Supreme Court Finds DOMA to Be Unconstitutional -- Impact on Employers Explained

On June 26, 2013, a majority of the Supreme Court held in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for purposes of federal law as the union of a man and a woman, is...more

7/5/2013 - 401k COBRA DOMA Employee Benefits Employer Group Health Plans ERISA Estate Tax FMLA Healthcare HIPAA Income Taxes Medical Leave QDRO Retirement Plan Same-Sex Marriage SCOTUS Self-Insured Health Plans Tax Exemptions US v Windsor

MA Highest Court Decides that Managers at LLCs Can Be Individually Liable For Wage Act Violations

Yesterday, the Massachusetts Supreme Judicial Court held that managers of limited liability companies can be individually liable under the Massachusetts Wage Act for unpaid wages due to employees. Historically, the Wage Act...more

6/17/2013 - Liability LLC Managers Wage Act Wage and Hour Wages

Out-of-State Workers May Bring Suit under Massachusetts Independent Contractor Statute

Last week, the Massachusetts Supreme Judicial Court (SJC) held that plaintiffs who live and work outside of Massachusetts for Massachusetts-based companies can sue for purported violations of Massachusetts’ independent...more

6/3/2013 - Choice-of-Law Contract Drafting Contract Interpretation Employment Contract Forum Selection Clause Independent Contractors

Recent Decisions Illustrate Strict Interpretation of Massachusetts Wage Act

Two recent decisions from Massachusetts courts again highlight the strict requirements of the Massachusetts Wage Act, which details how and when employees must be paid. The cases address the treatment of sales commissions and...more

3/18/2013 - Prudential Sales Commissions Vacation Pay Wage Act Wage and Hour

U.S. Department of Labor Postpones Affordable Care Act’s Employer Health Insurance Notice Requirement

On January 25, 2013, the United States Department of Labor (DOL) announced that it would postpone the implementation of a provision of the Affordable Care Act (ACA) that will require employers to inform employees about health...more

1/30/2013 - Affordable Care Act DOL Employer Group Health Plans Health Insurance Health Insurance Exchanges Notice Requirements

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

1/2/2013 - Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Protected Concerted Activity Social Media Social Media Policy Termination

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