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EEOC Finalizes Long-Delayed Harassment Guidance

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment. The final guidance addresses key updates in harassment law, including the US Supreme Court’s decision...more

EEOC Issues Final Guidance on Pregnancy Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA). As noted in AFS’s previous alerts (here...more

Top 10 Legal Challenges for Employers

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

A Percent-of-Profit Incentive Payment is Not “Wages” Under the Massachusetts Wage Act

The Massachusetts Wage Act (MA Wage Act) is one of the most punitive wage payment laws in the country. Employers who violate the MA Wage Act are liable for treble damages, attorney’s fees, and costs. The question of what...more

2/28/2024  /  Incentives , Treble Damages , Wage Act , Wages

Avoiding Application of the Massachusetts Wage Act to Out-of-State Employees

The Massachusetts Wage Act is one of the most punitive wage payment laws in the country. Employers who run afoul of its provisions, even unintentionally, are liable for treble damages, attorneys’ fees, and costs. ...more

Significant Changes to Massachusetts Paid Family Leave Coming on November 1, 2023

Beginning on November 1, 2023, employees receiving paid benefits under the Massachusetts Paid Family and Medical Leave law (PFML) can supplement, or “top off,” the state paid benefit with other accrued paid time off such as...more

EEOC Issues Proposed Enforcement Guidance on Harassment in the Workplace

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace, which presents a legal analysis of the standards for harassment and employer...more

The Speak Out Act Will Limit Enforceability of Confidentiality and Nondisparagement Clauses

On November 16, 2022, the US House of Representatives passed the Speak Out Act, after the US Senate unanimously passed the Act in September 2022. The Act will head next to President Biden’s desk, where he is expected to sign...more

NLRB’s Proposed New Rule Would Expand Joint Employer Status to Entities With Indirect Control Over Worker Conditions

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more

Massachusetts Highest Court Awards Treble Damages Under the Wage Act, Even After Employer Remedied Violation

Beth Reuter was terminated from her employment with the City of Methuen (the “City”). On her termination date, the City failed to pay Ms. Reuter for her accrued, unused vacation time, as required by M. G. L. c. 149, § 148...more

DOL Issues Model Notices For COBRA Subsidy Under American Rescue Plan Act

The subsidized premiums are available from April 1, 2021, through September 30, 2021 (the “Premium Assistance Period”), unless earlier terminated as discussed below. The Department of Labor (DOL) was charged with...more

SOS: American Rescue Plan Act Provides Free COBRA Coverage to Employees

The American Rescue Plan Act (ARPA), signed into law on March 11, 2021, provides 100% subsidized premiums (including the COBRA administrative fee) for health care continuation coverage under COBRA for eligible individuals and...more

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