Seyfarth Synopsis: In the Woodward case, Justice Sisitsky of the Massachusetts Superior Court issued an outright win for employers in the first decision to apply the affirmative defense of the Massachusetts Equal Pay Act...more
After an extended legislative process, pay transparency requirements are coming for Massachusetts employers. On July 24, 2024, the Massachusetts House and Senate passed a bill requiring employers with over 25 or more...more
7/29/2024
/ Corporate Counsel ,
Data Reporting ,
EEO-1 ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Filing Requirements ,
Labor Reform ,
Pay Data ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Massachusetts municipalities have a lot on their plate. They are large and complex organizations that provide critical services to their constituents in accordance with (often strict) budgets. As cities...more
Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more
3/21/2024
/ Adverse Employment Action ,
Business Strategies ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Punitive Damages ,
Race Discrimination ,
Reverse Discrimination ,
Sex Discrimination
Seyfarth Synopsis: Colorado has adopted final Equal Pay Transparency Rules which, along with the underlying equal pay law amendments, will become effective January 1, 2024....more
Seyfarth Synopsis: After passing the Massachusetts House and Senate with overwhelming support, the Governor is expected to sign a bill requiring employers with over 25 employees in Massachusetts to disclose salary range...more
11/2/2023
/ Data Reporting ,
EEO ,
Employees ,
Employer Liability Issues ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Pay Transparency ,
Pending Legislation ,
Public Records ,
Regulatory Agenda ,
Reporting Requirements ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more
Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more
8/22/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Hiring & Firing ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Suppliers ,
Supply Contracts ,
Title VII
In 2008, the Massachusetts legislature cracked down on employers who violate the Commonwealth’s wage laws by imposing mandatory treble damages and attorneys’ fees for any violation, with no leniency for good faith errors. ...more
On April 4, 2022, the Massachusetts Supreme Judicial Court adopted an even more employee-friendly approach to damages for Wage Act violations in the Bay State. In Reuter v. City of Methuen, No. SJC-13121 (Mass. April 4,...more
On December 13, 2021, the Massachusetts Supreme Judicial Court answered longstanding questions about which entities may be jointly responsible for wage violations under Massachusetts law. In Jinks v. Credico (USA) LLC, a...more
Seyfarth Synopsis: The Massachusetts Supreme Judicial Court answered longstanding questions about which entities may be jointly responsible for wage violations under Massachusetts law, and in so doing, highlighted the perils...more
Seyfarth Synopsis: Proposed legislation would require many employers in Massachusetts to provide pay scales to prospective and current employees....more
Seyfarth Synopsis: Two recent Department of Labor Opinion Letters addressing the FLSA’s outside sales exemption provide helpful guidance and flexibility to employers with unique business models....more
7/9/2020
/ Company Vehicles ,
Corporate Counsel ,
Department of Labor (DOL) ,
Direct to Consumer Sales ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Opinion Letter ,
Outside Sales Exemption (OSE) ,
Principal Place of Business ,
Salespersons ,
Trade Shows
In an attempt to extend the reach of state wage/hour laws to reach more defendants, Plaintiffs’ lawyers have sought to expand the employment relationship in a variety of ways. ...more
Seyfarth Synopsis: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more
1/31/2020
/ Aetna ,
Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Independent Contractors ,
Job Duties ,
Misclassification ,
Nurses ,
Over-Time ,
Summary Judgment ,
Wage and Hour ,
White-Collar Exemptions
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Seyfarth Synopsis: Employers cannot ignore the recent amendments to state and local pay equity laws and increased attention on equal pay issues. Pay equity claims raise unique challenges, including the prevalence of...more
Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more
Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver -
Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more
Massachusetts Attorney General investigates 70 employers (both large and small – across all industries), citing 21 of them for violating the state’s “ban the box” law, which prohibits most businesses from asking about job...more
6/18/2018
/ Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Hiring & Firing ,
Job Applicants ,
Regulatory Violations ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Effective October 13, 2018, Massachusetts employers will no longer be permitted to inquire about certain misdemeanor convictions and sealed or expunged records for employment purposes. ...more
Seyfarth Synopsis: The Massachusetts Attorney General’s office (“AGO”) issued Guidance on March 1 about the changes to the Massachusetts Equal Pay Act (“MEPA”) that will take effect July 1. Employers preparing to comply with...more
Seyfarth Synopsis: The Massachusetts Department of Criminal Justice Information Services recently amended the provisions of the Commonwealth’s CORI regulations that govern how employers conduct criminal history checks. ...more