The Massachusetts Supreme Judicial Court just provided much-needed and helpful guidance on the appropriate standard for determining whether an entity is an individual’s “joint employer” in order to determine liability under...more
The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more
9/3/2021
/ Anti-Retaliation Provisions ,
Domestic Violence ,
Employer Liability Issues ,
Employment Litigation ,
Former Employer ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Job Offers ,
Leave of Absence ,
MA Supreme Judicial Court ,
Retaliation ,
State Labor Laws
Rhode Island Governor Daniel McKee recently signed broad new pay equity legislation into law that will require you to change many common workplace practices, slated to take effect on January 1, 2023. While it might seem so...more
8/16/2021
/ Anti-Retaliation Provisions ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Safe Harbors ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
As Massachusetts employers navigate reopening their workplaces while complying with federal, state, and local guidelines, it is helpful to gain some insight into government enforcement priorities. The Fair Labor Division of...more
6/23/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Earned Sick Time ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Local Ordinance ,
Minimum Wage ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Remote Working ,
State Attorneys General ,
State Labor Laws ,
Wage and Hour
An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...more
6/16/2020
/ Age Discrimination ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Earned Sick Time ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Infectious Diseases ,
National Origin Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Retaliation
Massachusetts Governor Charlie Baker just announced the details of a four-phase plan that will slowly allow Bay State employers to reopen over the next 12 weeks. Under today’s order, Phase 1 will permit houses of worship,...more
A terminated Kroger Co. distribution center worker has just sued the grocery store giant over its handling of absences for what she alleges were COVID-19 symptoms. The most interesting aspect of this claim is that the...more
The Massachusetts legislature is considering expanding the state’s generous paid sick leave statute to add up to 80 hours of emergency paid sick leave for use in times of a declared state of emergency or disaster. While...more
As we look forward to the New Year, Massachusetts employers should be aware of upcoming changes to the Commonwealth’s employment laws that took effect on January 1, 2020, as well as possible changes we foresee on the horizon....more
1/6/2020
/ Employer Liability Issues ,
Federal Labor Laws ,
Holiday Pay ,
Minimum Wage ,
New Legislation ,
Over-Time ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Wage and Hour ,
White-Collar Exemptions
The National Labor Relations Board (NLRB) announced today its intent to publish a proposed “Election Protection Rule” that would amend regulations governing the filing and processing of petitions for secret ballot union...more
8/12/2019
/ Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Proposed Amendments ,
Proposed Rules ,
Public Comment ,
Trump Administration ,
Unfair Labor Practices ,
Union Elections ,
Unions
The Massachusetts Department of Paid Family and Medical Leave—the agency charged with regulating and enforcing the Commonwealth’s nascent paid leave program—just issued its mandatory workplace poster and guidance on the law’s...more
4/18/2019
/ Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Medical Leave ,
New Legislation ,
Notification Requirements ,
Paid Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Communication ,
Written Notice
As you may remember, it was Christmas in July for employees when Massachusetts passed the “Grand Bargain,” among other things, putting the Commonwealth on a path to a $15.00 minimum wage. When the clock struck midnight on...more
1/9/2019
/ Employer Liability Issues ,
Holiday Pay ,
Hospitality Industry ,
Minimum Wage ,
New Legislation ,
Restaurant Industry ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
As the ramp-up towards Massachusetts’ paid family and medical leave continues, the newly created Department of Family and Medical Leave (DFML) just launched its website and issued its first guidance documents. As discussed...more
11/19/2018
/ Employee Benefits ,
Employee Contributions ,
Employee Handbooks ,
Employer Liability Issues ,
Medical Leave ,
New Guidance ,
New Legislation ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws ,
Wage and Hour
One month into Massachusetts’ new non-competition law, employers throughout the Commonwealth are learning what many predicted from the beginning—there are a lot more questions than answers. As Fisher Phillips previously...more
11/1/2018
/ Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Garden Leave ,
Hiring & Firing ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Removal For-Cause ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury
In one fell swoop, Massachusetts has set in motion a plan to increase its minimum wage to $15.00 per hour and create a comprehensive paid family and medical leave program as the result of a “grand bargain” between employee...more
6/28/2018
/ Anti-Retaliation Provisions ,
Blue Laws ,
Employee Benefits ,
Employee Contributions ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Full-Time Employees ,
Governor Baker ,
Holiday Pay ,
Medical Leave ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Rate of Pay ,
Retail Workers ,
Retailers ,
State Labor Laws ,
Tipped Employees ,
Trust Funds ,
Wage and Hour ,
Work Schedules
The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more
7/19/2017
/ Appeals ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Reasonable Accommodation ,
Undue Hardship ,
Zero Tolerance Policies