On March 29, the Department of Family and Medical Leave (“Department”) issued updated draft regulations that further expand upon the Paid Family Medical Leave Act (“Act”), G. L. c. 175M. The Department released an initial draft on January 23, which we covered in a prior post, in advance of listening sessions to be held
Chapter 93A, § 11 provides a right of action to persons engaged in business who suffer a loss of money or property as a result of unfair methods of competition, or unfair or deceptive acts or practices, used by another business in Massachusetts. An aggrieved business may recover its actual
Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers
Though confined to the issue of overtime for farm laborers, a recent ruling by the Massachusetts Supreme Judicial Court (“SJC”) serves as a warning to all employers about the pitfalls presented by the disparities between state and federal wage and hour laws. On March 15, 2019, the SJC set a
With the recent increase of minimum wage rates of pay in Massachusetts, the publishing of guidance from the Attorney General related to minimum wages for tipped employees, and the absence of an exemption from overtime for restaurant employees, things are a bit complicated these days relative to tipped employees.
The Department of Labor (“DOL”) has issued its much-anticipated proposed rule on the minimum salary level for an employee to potentially qualify as exempt from overtime eligibility under the Fair Labor Standards Act (“FLSA”). Since a federal district court enjoined the Obama administration's own proposal in late 2016, industry watchers had been anxiously waiting
On January 23, the Department of Family and Medical Leave (“Department”) issued draft regulations expanding upon the Paid Family Medical Leave Act (“Act”), G. L. c. 175M, which was enacted last June. As we previously reported, the Act provides that nearly all employees will be eligible for up to 20
On January 25, 2019, the federal National Labor Relations Board revised its own test to determine whether a worker is properly classified as an independent contractor. The new test in SuperShuttle DFW places a worker’s “entrepreneurial opportunity for gain or loss” at the core of its independent contractor analysis. The
Update: Massachusetts Department of Family and Medical Leave Issues FAQ Guidance on Commonwealth’s Paid Family and Medical Leave Act.
Back in June, we reported on the enactment of the Paid Family Medical Leave Act. The Act provides that beginning on January 1, 2021, nearly all private sector employees will be eligible annually for up to 12 weeks of paid, job-protected family medical leave and up to 20 weeks of
First Circuit Joins Sister Circuits Approving Burden-Shifting Approach to Proving Causation in ERISA Fiduciary-Breach Claims
Ordinarily, the burden of proof rests with the plaintiff. However, in Brotherston v. Putnam Investments, LLC, the First Circuit joined three of its sister circuit courts and held that the burden of proof in an ERISA fiduciary-breach case shifts to the defendant fiduciary to prove that its breach did not