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Department of Family and Medical Leave Issues Guidance on New Paid Family and Medical Leave Act

On March 26, 2019, the Massachusetts Department of Family and Medical Leave issued a guide for employers on complying with the new Paid Family and Medical Leave Act (PFMLA). As the guide makes clear, employers will need to...more

U.S. Department of Labor Proposes New Overtime Rule

On March 7, 2019, after more than two years of speculation, the U.S. Department of Labor (“DOL”) finally proposed its new overtime rule. Under the proposed rule, the minimum salary a worker would have to be paid to qualify...more

SJC: Employees Who Settled Wage Act Claims Were Entitled to Award of Attorneys’ Fees

On February 19, 2019, the Massachusetts Supreme Judicial Court (SJC) adopted an employee-friendly standard for determining whether a plaintiff is entitled to an award of attorneys’ fees under the Massachusetts Wage Act where...more

SJC Rules Denial of Lateral Transfer May Be “Adverse Employment Action” Under Mass. Anti-Discrimination Law

On January 29, 2019, the Massachusetts Supreme Judicial Court (SJC) ruled in Yee v. Mass. State Police that an employer’s denial of an employee’s request for a lateral transfer that would have no impact on the employee’s base...more

SJC Refuses to Enforce Massachusetts Non-Compete on California Employee

On September 7, 2018, the Massachusetts Supreme Judicial Court refused to enforce a non-competition and non-solicitation agreement between a Massachusetts company and its California-based former employee who joined the...more

Massachusetts Non-Compete Bill Signed Into Law

On August 10, 2018, Governor Baker signed the non-compete bill recently passed by the Massachusetts Legislature. As a result, the new law will take effect on October 1, 2018 and will apply to agreements signed on and after...more

Massachusetts Legislature Passes Non-Compete Reform Bill

After many years of debate, the Massachusetts Legislature passed a comprehensive non-compete reform bill. If Governor Baker signs the bill into law (as is expected), the new law would prohibit employers from requiring that...more

Massachusetts Establishes Paid Family Leave and Raises Minimum Wage

Last week, Governor Charlie Baker signed a landmark bill establishing a paid family and medical leave program for Massachusetts workers and gradually increasing the state minimum wage to $15.00 per hour. Described as a “grand...more

Supreme Court Upholds Class Action Arbitration Waivers

On May 21, 2018, the U.S. Supreme Court issued its much-anticipated decision addressing whether employers can include class action waivers in mandatory arbitration agreements that employers often require their employees to...more

Massachusetts Places Further Restrictions on Criminal Background Checks

In 2010, Massachusetts became one of the first states to pass so-called “ban the box” legislation, which barred employers from asking prospective employees about their criminal histories on their initial employment...more

Massachusetts Attorney General Releases Guidance on Equal Pay Act

The Massachusetts Attorney General (the “AG”) recently released her long-awaited guidance regarding the 2016 overhaul of the Massachusetts Equal Pay Act (the “Act”), which takes effect on July 1, 2018. The Act, which, among...more

Sick Time Not Subject to Massachusetts Wage Act

On January 29, 2018, the Massachusetts Supreme Judicial Court (SJC) held that accrued, unused sick time does not qualify as “wages” under the Massachusetts Wage Act. As a result, employees cannot maintain Wage Act claims...more

Massachusetts SJC Limits Wage Act Liability for Board Members and Investors

In an otherwise quiet week in the world of employment law, the Massachusetts Supreme Judicial Court (SJC) issued an important decision limiting the scope of personal liability under the Massachusetts Wage Act. In Andrew Segal...more

Federal Court Halts the Enforcement of the Department of Labor’s “Persuader Rule”

On June 27, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide preliminary injunction barring enforcement of the U.S. Department of Labor’s (“DOL”) new “persuader rule,” which as of July 1...more

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more

Supreme Court Decides Employers Must Make Religious Accommodations Regardless of Knowledge of Need for Accommodation

On June 1, 2015, the U.S. Supreme Court held, in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., that an employer violates federal anti-discrimination law where an applicant’s need for a religious...more

Employing Workers in Massachusetts: A Guide for Emerging Companies

At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more

NLRB Drops Its Pursuit of Notice-Posting Rule

The National Labor Relations Board recently announced that it would not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions that struck down its proposed union poster rule. The rule, originally announced by...more

SJC Holds that Massachusetts Wage Act Is Not Intended to be Sole Remedy for Recovery of Unpaid Wages Under State Law

On August 12, 2013, the Supreme Judicial Court (SJC) held in Lipsitt v. Plaud that the Massachusetts Wage Act is not intended to be the sole remedy for the recovery of unpaid wages under state law. The Court concluded that...more

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

MA Highest Court Decides that Managers at LLCs Can Be Individually Liable For Wage Act Violations

Yesterday, the Massachusetts Supreme Judicial Court held that managers of limited liability companies can be individually liable under the Massachusetts Wage Act for unpaid wages due to employees. Historically, the Wage Act...more

Out-of-State Workers May Bring Suit under Massachusetts Independent Contractor Statute

Last week, the Massachusetts Supreme Judicial Court (SJC) held that plaintiffs who live and work outside of Massachusetts for Massachusetts-based companies can sue for purported violations of Massachusetts’ independent...more

Recent Decisions Illustrate Strict Interpretation of Massachusetts Wage Act

Two recent decisions from Massachusetts courts again highlight the strict requirements of the Massachusetts Wage Act, which details how and when employees must be paid. The cases address the treatment of sales commissions and...more

NLRB Confirms that Comments Posted on Social Media May Be Entitled to Protection

The National Labor Relations Board (NLRB) recently issued a significant decision - solidifying the position it has staked out over the past 18 months - that an employee’s posts on social media may be entitled to protection...more

Massachusetts Court Issues Important Ruling on Releases of Wage Act Claims

The Massachusetts Supreme Judicial Court (SJC) this week issued an important decision addressing whether agreements containing general releases are sufficient to bar claims brought by employees under the Massachusetts Wage...more

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