The Massachusetts Executive Office of Labor and Workforce Development has issued draft regulations concerning the state’s new Paid Family and Medical Leave law, which was enacted in June 2018.
A substantial portion of the...more
On June 28, 2018, Massachusetts Governor Charlie Baker signed into law An Act relative to minimum wage, paid family medical leave and the sales tax holiday, compromise legislation also known as the “Grand Bargain.” The new...more
Over the last decade, non-compete reform has been a third rail of Massachusetts politics. Although many employers believe non-compete agreements are necessary to protect their trade secrets and confidential information,...more
One of the first acts of Alex Acosta after he was sworn in as Secretary of Labor was to withdraw the U.S. Department of Labor’s 2015 Administrative Interpretation on independent contractors. The 2015 Administrative...more
Since 1993 the federal Family and Medical Leave Act has required employers with 50 or more employees to provide unpaid leave to eligible employees for qualifying reasons.
Massachusetts now joins a small but growing number...more
The Massachusetts electorate was scheduled to vote this coming November on three separate ballot initiatives: (1) an increase in the minimum wage from the current $11 to $15 an hour by 2022, (2) paid family and medical leave...more
Remember the 2016 Overtime Rule? They sued over that?
Last summer, I wrote about Alvarez v. Chipotle Mexican Grill, Inc., a class and collective action alleging that Chipotle violated the Overtime Rule issued by the Obama...more
In August 2016, Massachusetts Governor Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed in April 2016 by unanimous votes in the state House and Senate....more
The Massachusetts Supreme Judicial Court has held that accrued, unused sick time is not “wages” by the Massachusetts Wage Act, M.G.L.c. 149, § 148, and thus does not require payment within the time frame prescribed by the...more
Yesterday, U.S. District Court Judge Amos Mazzant followed up on his preliminary injunction ruling, issued last November, by rendering final judgment in favor of the business groups and state governments who had challenged...more
9/4/2017
/ Congressional Intent ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Popular ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
On July 27, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act. The Pregnant Workers Act (1) requires Massachusetts employers to provide pregnant women and new mothers with “reasonable...more
The Massachusetts Supreme Judicial Court ruled this week that an employee’s use of medical marijuana to treat her disability may have to be reasonably accommodated under the state’s handicap discrimination law.
In Barbuto...more
On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.” But a new lawsuit in federal court in Jersey puts a gulp in that sigh of...more
The Massachusetts Superior Court has recently issued a favorable opinion to franchisors under the Massachusetts Tips Act. In Yarpah v. Bowden Hospitality Newton, LLC d/b/a Crowne Plaza Hotel, Justice Kenneth W. Salinger held...more
As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use...more
Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts...more
On May 18, 2016, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Final Rule regarding changes to the regulations governing who is an executive, administrative, professional, or...more
The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more
4/4/2016
/ Admissible Evidence ,
Class Action ,
Doffing ,
Donning ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
The final version of the U.S. Department of Labor rule on white-collar overtime exemptions was sent this week to the Office of Management and Budget, the last stage before issuance of the Rule. ...more
The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor’s fall 2015 regulatory agenda, which the Office of Management and Budget published just before...more
You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime...more
The U.S. Department of Labor has announced that it will start next month enforcing the new “Home-Care” Final Rule, which prohibits third-party employers from taking advantage of the overtime exemption for certain domestic...more
Domestic service workers providing either companionship service or live-in care for elderly, ill or disabled persons and who are employed by a staffing agency or other third-party employer are entitled to minimum wage and...more
Massachusetts Attorney General Maura Healey has issued the final regulations to the Earned Sick Time Law, M.G.L. c. 149, § 148C, which will become effective on July 1, 2015....more
As we have previously reported, on November 4, 2014, Massachusetts approved Ballot Question 4, titled “Earned Sick Time for Employees.” The new law will take effect July 1, but state Attorney General Maura Healey announced...more