The Massachusetts Executive Office of Labor and Workforce Development (EOLWD) has confirmed that employers subject to the new Massachusetts pay data reporting law will only have to submit their most recent EEO forms even...more
1/6/2025
/ Data Collection ,
Employer Liability Issues ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Pay Transparency ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more
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
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
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: Proposed legislation would require many employers in Massachusetts to provide pay scales to prospective and current employees....more
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
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 Superior Court recently issued an opinion holding that, under Massachusetts wage law, employers in the Commonwealth must pay employees for meal breaks, unless the employees are completely...more
Seyfarth Synopsis: On August 1, 2016, Massachusetts Governor Charlie Baker signed a bill that will amend the Commonwealth’s pay equity law effective in 2018. The changes will make the law one of the most stringent in the...more
8/2/2016
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour
The Massachusetts Attorney General’s Office recently issued a wave of information requests to employers in the Commonwealth seeking data on how companies pay their employees. Unlike familiar requests from the AG’s Fair Labor...more
Starting January 1, 2016, the minimum wage in Massachusetts will be $10.00 per hour. Before Governor Deval Patrick left office, he signed into law an increase in the state minimum wage in three successive annual increments...more