7-Eleven has been defending its position for years that individuals operating as franchisees of its retail stores in Massachusetts are not employees under that state’s strict Independent Contractor Law but rather are exempt...more
In a previous QuickStudy, we reported that the Massachusetts House of Representatives had passed legislation, commonly known as the Crown Act. We noted that it remained to be seen whether the Senate would follow suit....more
On Thursday, March 17, 2022, the Massachusetts House of Representatives passed legislation, generally known as the Crown Act, to make the Commonwealth the fifteenth state to prohibit hair discrimination. The impending statute...more
On September 15, the United States Court of Appeals for the First Circuit issued a startling and ominous opinion construing the Americans with Disabilities Act (ADA) in a manner which employers should take heed. In a...more
As many already know, in the fall of 2018, Massachusetts dramatically altered its non-compete landscape. See Locke Lord QuickStudy: Meet the New Noncompete Law in Massachusetts: FAQ, linked here. Among other provisions, the...more
In an unusual procedural context, Judge Nathaniel M. Gorton of the United States District Court for the District of Massachusetts sent another strong reminder to Massachusetts employers of the perils involved in drafting...more
On May 28, 2021, Governor Charlie Baker signed into law the “Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave.” This legislation originally reached Governor Baker in early April as part of the “Act Financing...more
Massachusetts courts have sent several recent reminders to employers that the courts will scrutinize discrimination and harassment allegations carefully before letting employers off the hook. Employers need to remember to...more
As the COVID-19 vaccination becomes more readily available, many employers are considering whether to require that employees be vaccinated. In December 2020, the Equal Employment Opportunity Commission (“EEOC”) issued...more
5/5/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Yesterday Governor Charlie Baker signed into law a bill that provides tax relief to Massachusetts employers.
The new legislation freezes employer contributions to the unemployment system for 2021 and 2022 and it also...more
On Monday, March 29, Gov. Ron DeSantis signed S.B. 72, which provides broad protections from liability for COVID-19-related claims against health care providers, business entities, educational institutions, governmental...more
Biden-Harris Administration changes in labor and employment laws, regulations and executive orders of course cannot be predicted with certainty. But significant actions already have occurred and there are indications...more
Updated December 28, 2020
UPDATE: On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 [Including Coronavirus Stimulus & Relief]. On December 27, 2020, President Trump signed this legislation...more
On December 15, we published a QuickStudy outlining considerations for employers to contemplate as COVID-19 vaccines become available. Among other factors, we suggested employers determine whether to require vaccinations, and...more
As vaccines become available to employees, what do employers need to know, what should they do, and what should they avoid?
Employers may establish legitimate health and safety requirements that are job-related and...more
Although Massachusetts employers presumably have been preparing for and complying with the Massachusetts Paid Family and Medical Leave Act (“MA PFMLA”) for more than a year, January 1 marks the date when Massachusetts...more
It is no surprise that COVID-19 matters have preoccupied federal agencies in recent months.
Among the key agency developments are updates from the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Department of...more
(Updated July 17, 2020)
NOTE: Because of the ever-changing COVID-19 legal environment, employers should consult with their inside or outside counsel for the latest developments and updated guidance on these topics. Please...more
On March 23, 2020, Governor Charlie Baker issued a state-wide directive limiting gatherings in the Commonwealth to no more than 10 people and ordering the temporary closure of all physical locations of businesses that do not...more
Updated December 22, 2020
UPDATE: On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 [Including Coronavirus Stimulus & Relief]. This bill is awaiting signature by President Trump.
...more
We do not need to tell employers about the lurking spread of the coronavirus. News reports have provided ample input into its spread and the international concerns it has generated....more
For the first time in over 60 years, the United States Department of Labor (DOL) significantly updated the standards it relies upon to determine joint-employer status under the Fair Labor Standards Act (FLSA). The new rule,...more
Late last month the Department of Labor finally released its regulations for calculating overtime eligibility under the Fair Labor Standards Act.The final rule becomes effective on January 1, 2020....more
Although employees won’t be able to receive the benefits of the new Massachusetts Paid Family and Medical Leave (“MAPFML”) law until 2021, employers’ obligations under the legislation begin on September 30....more
Massachusetts law permits employers to pay inside salespeople on a commission only basis, provided that the employer guarantees at least the minimum wage for all regular hours worked. However, according to a recent decision...more