The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022, and employers have until April 29, 2022 to file their...more
On December 13, 2021, the highest state court in Massachusetts ruled that the proper test for determining joint employer status under the state’s wage and overtime statutes is the “totality of the circumstances” test formerly...more
On December 13, 2021, the highest state court in Massachusetts ruled that the proper test for determining joint employer status under the state’s wage and overtime statutes is the “totality of the circumstances” test formerly...more
Last week, Massachusetts Governor Charlie Baker signed legislation providing for COVID-19 Emergency Paid Sick Leave for Massachusetts employees. Governor Baker vetoed an earlier version of the bill in April. The revised bill,...more
For Massachusetts employers, or employers with Massachusetts-based employees, Paid Family and Medical Leave (“PFML”) has been on the horizon for nearly two years. By now, you have notified your workforce about benefits and...more
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave...more
On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more
5/13/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
MA Supreme Judicial Court ,
Minimum Wage ,
Over-Time ,
Pay Rates ,
Retail Sales ,
Sales Commissions ,
Salespersons ,
State Labor Laws ,
Sunday Pay Laws ,
Wage and Hour
As the Department of Family and Medical Leave (“DFML”) prepares to issue final regulations in coming months, the Commonwealth has begun posting a number of documents to assist employers and workers prepare for the new Paid...more
On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act (“Wage Act”) violations must meet the certification standards set by...more
4/15/2019
/ Appeals ,
Class Action ,
Class Certification ,
FRCP 23 ,
MA Supreme Judicial Court ,
Mootness ,
Offer of Judgment ,
Reversal ,
Rule 68 ,
Wage Act ,
Wage and Hour
As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in...more
On June 28, 2018, Governor Charlie Baker signed “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (HB 4640) into law. Last week, we covered three major changes the Act makes to...more
In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Freelance Isn't Free Act (FIFA) ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
SCOTUS ,
Wage and Hour
The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be...more
3/13/2018
/ Affirmative Defenses ,
Amended Legislation ,
Attorney General ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
New Guidance ,
Salary/Wage History ,
Self-Evaluations ,
State Labor Laws ,
Wage and Hour
A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more
2/12/2018
/ #MeToo ,
Arbitration Agreements ,
Attorney's Fees ,
Civil Rights Act ,
Employment Contract ,
Employment Discrimination ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Public Policy ,
Sexual Harassment ,
Title VII ,
Unpaid Wages ,
Wage and Hour
On January 29th, Massachusetts’ Supreme Judicial Court held that accrued, unused sick time does not count as wages under state employment law, as employment lawyers in Massachusetts had previously anticipated....more
Massachusetts has passed an amendment to the state’s equal pay law aimed at strengthening prohibitions on gender discrimination in the payment of wages for comparable work. The new bill, signed by Governor Charlie Baker (R)...more
This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more
9/11/2015
/ Determination Letter ,
Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Job Promotions ,
Judicial Review ,
Remand ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Vacated ,
Wage and Hour
Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more