Deadlines Extended for Paid Family and Medical Leave Notification and Exemption Requirements

2019-05-09T14:57:29+00:00 May 9th, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|Tags: , , |

On May 1, the Department of Family and Medical Leave (“Department”) extended two deadlines for employer obligations in complying with Paid Family Medical Leave Act, G. L. c. 175M (“Act”). First, the deadline for providing written notice to employees of the rights and benefits available under the Act has been

Guidance Released on Notifying Employees of Paid Family and Medical Leave by May 31, 2019

2019-04-23T13:41:26+00:00 April 23rd, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|Tags: , , |

On April 18, the Department of Family and Medical Leave (“Department”) released guidance on the notifications that must be provided to employees under the Paid Family Medical Leave Act, G. L. c. 175M (“Act”), by May 31. The guidance lists the information that must be included in the notice, which

UPDATE: Massachusetts Issues Draft Regulations for Paid Family Medical Leave Act

2019-04-10T19:20:04+00:00 April 10th, 2019|Categories: Catherine M. DiVita, FMLA, Human Resources Compliance, Laws & Regulations|Tags: , , |

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

When Does a Competitive Business Practice Become Actionable under Chapter 93A, § 11?

2019-04-08T17:09:46+00:00 April 8th, 2019|Categories: Business Litigation, Johanna Matloff, Julie L. Martin, Laws & Regulations, Litigation|Tags: , , |

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

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

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