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First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Massachusetts PFML Update: DFML Releases New 2023 Poster and Employee Notices

Seyfarth Synopsis: Employers must notify current and new employees of the 2023 updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave (PFML) Law. The Department of Family and Medical...more

Sweeping Changes to Enforcement of the Massachusetts Wage Laws May Be On the Horizon, and It’s Not Good News for Employers

In 2008, the Massachusetts legislature cracked down on employers who violate the Commonwealth’s wage laws by imposing mandatory treble damages and attorneys’ fees for any violation, with no leniency for good faith errors. ...more

Massachusetts PFML Update: Employees May Begin To Use Paid Family Leave To Care For A Family Member on July 1, 2021

Seyfarth Synopsis:  Massachusetts rolled out its Paid Family and Medical Leave (PFML) benefits in two phases, with most benefits available as of January 1, 2021.  Paid leave benefits to care for a family member with a serious...more

Massachusetts Releases Paid Family And Medical Leave Updates

Seyfarth Synopsis: Massachusetts Paid Family and Medical Leave (PFML) benefits are now available for Massachusetts workers. On January 12, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued...more

Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave

Seyfarth Synopsis:  With Massachusetts Paid Family and Medical Leave (PFML) benefits becoming available on January 1, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued several updates, a new...more

Massachusetts Finalizes Amendments To PFML Regulations

This past week, the Massachusetts Department of Family and Medical Leave (DFML) released an unofficial version of the final amendments to the Paid Family and Medical Leave (PFML) regulations following a public hearing and...more

Massachusetts Department of Family and Medical Leave Proposes Further Amendments to PFML Regulations and Announces Hearing Dates

As we reported last week, on May 8, 2020, the Department of Paid Family and Medical Leave (DFML) issued proposed amendments to the Paid Family and Medical Leave (PFML) regulations and announced a public hearing and formal...more

Massachusetts Department of Family and Medical Leave Issues Proposed Amendments to PFML Regulations

On Friday, May 8, 2020, the Massachusetts Department of Family and Medical Leave (DFML) published proposed amendments to the regulations governing the Paid Family and Medical Leave (PFML) Law.  ...more

Massachusetts Issues Guidance On Insured Private Paid Family And Medical Leave Plans

On Tuesday, April 7, 2020, the Massachusetts Department of Family and Medical Leave (DFML) published important guidance from the Division of Insurance (DOI) for employers opting out of the Commonwealth’s Paid Family and...more

Massachusetts PFML Quarterly Returns and Contributions Due By January 31, 2020

Seyfarth Synopsis: Yesterday, the Department of Family and Medical Leave (DFML) reported on guidance it received from the Department of Revenue regarding how employers participating in the Commonwealth’s Paid Family and...more

Department of Family and Medical Leave Releases Final PFML Regulations And New Template Worker Notice Forms

Seyfarth Synopsis: Earlier yesterday, the Department of Family and Medical Leave (DFML) issued its final regulations for the Massachusetts Paid Family and Medical Leave (PFML) Law. ...more

Governor Signs Legislation Amending Massachusetts Paid Family And Medical Leave Law And DFML Extends Worker Notice And Private...

Seyfarth Synopsis: On June 13, 2019, Governor Baker signed into law S 2255, officially delaying the start of the payroll deductions for the Massachusetts Paid Family and Medical Leave (PFML) program by three months to...more

BREAKING NEWS!!! Massachusetts Governor And Legislative Leaders Agree To 3-Month Delay Of July 1st Paid Family And Medical Leave...

Seyfarth Synopsis: This week, the Massachusetts Governor, Senate President and House Speaker issued a joint statement confirming that they have agreed to adopt a 3-month delay to the start of required contributions under the...more

Breaking News—Massachusetts DFML Clarifies That Businesses Do Not Have To Provide Written Notice To 1099 Contractors Where Such...

Seyfarth Synopsis: The Massachusetts Department of Family and Medical Leave (DFML) has clarified that employers are not required to provide their 1099-MISC contractors the written notice of Paid Family and Medical Leave...more

Breaking News – Massachusetts DFML Confirms That Employers May Be Approved Now For Private Plans That Do Not Provide Paid Leave...

Seyfarth Synopsis: In important breaking news, the Massachusetts Department of Family and Medical Leave (DFML) has changed its position and has confirmed that employers may receive approval of a private paid family or medical...more

Hot Off The Presses: Massachusetts DFML Just Announced Extension Of May 31st Notice Deadline And June 30th Exemption Application...

Seyfarth Synopsis: In response to feedback from the public listening sessions held around the Commonwealth, as well as engagement efforts, the Massachusetts Department of Family and Medical Leave (DFML) announced several...more

Massachusetts DFML Releases Private Plan Exemption Application And Guidance; Applications Due By June 30, 2019

Seyfarth Synopsis: As previously announced, yesterday, the Massachusetts Department of Family and Medical Leave (DFML) made available the online application for private plan exemptions under the Paid Family and Medical Leave...more

Massachusetts DFML Releases Template Paid Family And Medical Leave Notices And Sets May 31, 2019 Distribution Deadline

Seyfarth Synopsis: On Wednesday afternoon, the Massachusetts Department of Family and Medical Leave (DFML) posted template notices for employers to provide to each Massachusetts employee and self-employed 1099-MISC contractor...more

Tips On Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #2: Consider Conducting a Pay Equity Audit

Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more

Beware the Rumor Mill: Massachusetts Court Finds Reporting of Rumored Office Romance May Be Protected Activity

Seyfarth Synopsis: A Massachusetts federal court has found that reporting a rumored office romance and complaining about paramour favoritism can be protected activity that is protected by anti-retaliation laws. The court also...more

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