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
After many years, Massachusetts legislators have finally agreed upon non-compete reform. On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a new bill that affects the applicability, scope, and influence of non-compete agreements between Massachusetts employers and employees. The new law, which becomes effective on October 1, 2018,
In early June, the National Labor Relations Board (the “NLRB”) issued Guidance on Handbook Rules Post-Boeing regarding how regional offices should apply its new standard for analyzing employee handbook rules (the “Guidance”). The standard, announced in The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), sets forth a balancing
Massachusetts employers are (or should be) aware of the Massachusetts Wage Act’s strict requirements regarding the payment of wages to departing employees. Terminated employees must be paid all wages owed on the date of termination, while employees who resign must be paid on the next regular payday following the end