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
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 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
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
As we have previously reported, a federal district court for the District of Columbia recently vacated new U.S. Department of Labor regulations promulgated under the Fair Labor Standards Act, which (1) barred third-party...more
3/4/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Unpaid Overtime ,
Wage and Hour
Governor Deval Patrick has recently signed into law amendments to the Massachusetts Wage Act. The statute of limitations on claims based on employers' failure to pay overtime has now been extended one year, making it the same...more
On Thursday, June 26, 2014, Massachusetts Governor Deval Patrick signed legislation that will raise the Commonwealth's minimum wage from $8 per hour to $11 per hour by 2017, which would be the highest minimum wage in the...more