About Kristyn Brophy

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So far Kristyn Brophy has created 38 blog entries.

Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers

2019-03-25T18:18:10+00:00 March 25th, 2019|Categories: Brian J. Killoy, Catherine M. DiVita, Litigation, Wage & Hour|

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

It Recently Got a Bit More Confusing for Massachusetts Employers of Tipped Employees

2019-03-13T15:03:31+00:00 March 13th, 2019|Categories: Labor Law & NLRB, Laws & Regulations, Mary E. (Beth) O'Neal, Wage & Hour|

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.

Department of Labor Proposes Rule to Extend Overtime Eligibility to One Million Workers

2019-03-12T20:42:45+00:00 March 12th, 2019|Categories: Brian J. Killoy, DOL, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, Wage & Hour|

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

Massachusetts Issues Draft Regulations for Paid Family Medical Leave Act

2019-02-06T21:04:39+00:00 February 6th, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|

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

NLRB Revised Its Independent Contractor Test to Focus on Entrepreneurial Opportunity

2019-01-31T17:15:27+00:00 January 31st, 2019|Categories: Daniel Fishman, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, NLRB|

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.

2018-11-26T19:51:34+00:00 November 26th, 2018|Categories: Christopher Sweeney, FMLA, Laws & Regulations|

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

2018-11-06T20:26:12+00:00 November 6th, 2018|Categories: Johanna Matloff, Laws & Regulations|Tags: |

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

New Massachusetts Law Places Restrictions on Non-Compete Agreements

2018-09-07T14:41:38+00:00 September 7th, 2018|Categories: Anthony Bova, Human Resources Compliance, Laws & Regulations, Noncompete Agreements|

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,

NLRB Issues Guidance on New Employer-Friendly Standard for Handbook Rules

2018-07-26T20:30:12+00:00 July 26th, 2018|Categories: Alexis P. Theriault, Catherine M. DiVita, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, NLRB|

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

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