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Never Let a Crisis Go to Waste: Plaintiffs’ Lawyers Target Colleges and Universities for COVID-19 Responses

As the number of COVID-19 cases began to rise in the United States, colleges and universities around the country took proactive steps to limit the spread of the disease on campuses. Students were asked to return home; faculty...more

Massachusetts Softens COVID-19 Restrictions on “Non-Essential” Remote-Fulfillment Businesses

Seyfarth Synopsis:  On May 4, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued guidance relaxing its previous COVID-19 related restrictions on Massachusetts retailers and...more

Massachusetts Department of Unemployment Assistance Announces Implementation of CARES Act and Pandemic Unemployment Assistance

Seyfarth Synopsis: With the advent of the CARES Act, the Commonwealth of Massachusetts has taken steps to implement Pandemic Unemployment Assistance, a new measure aimed at providing unemployment insurance to gig economy...more

New Guidance Tightens COVID-19 Restrictions on Massachusetts Employers, and the Massachusetts Attorney General Revises Guidance on...

Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more

Massachusetts Division of Insurance Encourages Health Insurance Carriers to Be Flexible for Employers and Employees Impacted by...

Seyfarth Synopsis: On March 23, 2020, the Massachusetts Division of Insurance issued Bulletin 2020-5, which addresses the Division’s expectations for insurance carriers during the COVID-19 crisis. ...more

Supreme Judicial Court Trebles Jury Award of Future Commissions

Seyfarth Synopsis: In a February 12, 2020 decision, the Massachusetts Supreme Judicial Court held that future commissions a plaintiff would have earned but for her retaliatory termination were subject to trebling under the...more

Massachusetts Aids Workers Impacted By COVID-19

Seyfarth Synopsis: During a tumultuous week, Massachusetts enacted legislation to eliminate the traditional one-week waiting period for unemployment benefits. ...more

Updated: NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

UPDATE: The new rule published in the Federal Register on December 18, 2019 was to take effect on April 16, 2020, but that effective date has been moved back to June 1. 2020 by the NLRB....more

Newly Issued Regulations Modernize Massachusetts Agency Rules But Impose Burdens on Employers

Seyfarth Synopsis: On January 24, 2020, the Massachusetts Commission Against Discrimination issued significant changes to its regulations regarding the processing of cases. The new procedural regulations are a mixed bag for...more

New Year Brings New Obligations for Massachusetts Employers

Seyfarth Synopsis: As we prepare to enter 2020, employers with a presence in Massachusetts should be mindful of certain changes to the wage and hour laws that will take effect in the new year. Most of these changes stem...more

NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

Seyfarth Synopsis: On December 13, 2019, the National Labor Relations Board (“Board”) announced the final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor...more

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Massachusetts High Court Finds Employer Liable for Unpaid Overtime Despite Employer’s Reliance on DLS Opinion Letters

Seyfarth Synopsis: The SJC issued two important decisions in April and early May. In early May, the SJC found that commission-only salespeople are entitled to additional compensation for overtime and Sunday work, even though...more

Massachusetts High Court Finds Failure to Grant Lateral Transfer May Be Discrimination

Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts: Tip #3: Conduct an Off-the-Clock Work Audit

Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...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

D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard

Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing. ...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts - Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver

Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver - Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more

Proposed Federal Non-Compete Legislation Could Have Unintended Consequences

Last week, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” (the “Act”) proposing to amend the Fair Labor Standards Act (FLSA) of 1938 to ban non-competes for most non-exempt workers. ...more

Attorney General Issues Guidance On MEPA: Many Questions Unanswered

Seyfarth Synopsis: The Massachusetts Attorney General’s office (“AGO”) issued Guidance on March 1 about the changes to the Massachusetts Equal Pay Act (“MEPA”) that will take effect July 1. Employers preparing to comply with...more

Massachusetts Highest Court Refuses to Award a Triple Windfall

Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more

Are Graduate-Students Assistants Employees Under The NLRA? The Answer Of The Obama Board Will Not Be The Final Word

Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for...more

Company Investors And Board Members Off The Hook For Unpaid Wages In Massachusetts

Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act. The SJC held that board members and directors...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and...

Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more

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