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Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to...more

The Massachusetts Independent-Contractor Statute Does Not Determine Joint-Employer Status

In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute.  The SJC held that the...more

Texas Federal Court Decision Signals Willingness of Courts to Uphold Mandatory Employee Vaccination Policies

On June 12, U.S. District Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas upheld a policy established by Houston Methodist Hospital that requires employees to be vaccinated against...more

Union Organizing Raises Special Challenges for the Cannabis Industry

While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more

EEOC Guidance for Employers on COVID-19 Vaccines Before a Return to Work

With the FDA’s recent approval of Pfizer-BioNTech’s COVID-19 vaccine, the FDA’s Vaccines and Related Biological Products Advisory Committee’s Advisory Council’s scheduled vote of today on the use of Moderna’s COVID-19 vaccine...more

Complying with OSHA’s General Duty and Reporting Obligations During the Pandemic

The Occupational Health and Safety Administration (“OSHA”) has issued a flurry of citations against employers over the past month related to COVID-19. As businesses reopen and workers return to their workplaces, OSHA’s...more

Practical Return to Work in Massachusetts Guidance

On May 18, 2020, Governor Baker outlined a Four Phase Reopening Plan for Massachusetts. Beginning on May 25, 2020, certain businesses – including manufacturing, construction, laboratories, hair salons, and general office...more

New PPP Interim Final Rules Clarify Forgiveness Calculation and Loan Review Process

On May 22, 2020, the Treasury Department and SBA issued two new Interim Final Rules applicable to the Paycheck Protection Program (PPP), one primarily focused on details related to the forgiveness calculation and one...more

CARES Act Unemployment Benefit Guidance for Employers

Earlier this week, the Department of Labor issued additional guidance on the unemployment benefits modifications contained in the CARES Act. This guidance includes Questions and Answers that directly address employers’...more

Treasury Secretary and SBA Signal Increased Scrutiny of PPP Loan Borrowers

With the spate of high-profile companies receiving public backlash after obtaining loan proceeds from the Paycheck Protection Program (PPP), on April 23 the SBA added item #31 (followed by item #37 on April 28) to its...more

The DOL’s Temporary Rule About FFCRA Paid Leave Provides More Guidance

The U.S. Department of Labor issued a Temporary Rule on April 1 providing further guidance with respect to the paid leave available under the Families First Coronavirus Response Act (the “FFCRA”). ...more

U.S. Department of Labor Issues Guidance on Paid Sick Leave and FMLA

The U.S. Department of Labor has supplemented its guidance on the Families First Coronavirus Response Act by posting on its website a model notice that employers must display in the workplace to inform employees of their...more

Updated Guidance for Employers on COVID-19

Employers across the United States continue to respond to and implement guidance from public health authorities to mitigate the spread of COVID-19. Both the rapid spread of the virus and the prolonged incubation period...more

DOL Issues Final Rule on Salary Requirements for Exempt Employees

As expected, the US Department of Labor issued a new final rule on FLSA overtime exemptions this week. The final rule raises the minimum salary for the executive, professional, administrative, and computer employee exemptions...more

Thorny Questions, Issues Emerging as Noncompete Act Takes Hold

Nutter Partner David Rubin recently contributed an article to Massachusetts Lawyers Weekly that analyzed the Massachusetts Noncompetition Agreement Act. In the article, “Thorny Questions, Issues Emerging as Noncompete Act...more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

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