Attorney General Healey Joins Multi-State Fight Against National Retailers’ Use of “On-Call” Shifts

2017-01-13T17:31:04+00:00 June 8th, 2016|Categories: Adam M. Santeusanio, Wage & Hour|

Introduction In April 2016, Massachusetts Attorney General Maura Healey joined eight other state attorneys general in sending out information and document requests to large, national retail chains that assign their employees to work “on-call” shifts. This multi-state effort comes on the heels of New York Attorney General Eric Schneiderman’s largely successful 2015 campaign to

Update: 1st Circuit Denies FedEx Drivers’ Petition to Reconsider Decision that FAAAA Preempts the Massachusetts Independent Contractor Statute

2017-01-06T17:09:06+00:00 April 28th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, Independent Contractor, Laws & Regulations, Wage & Hour|

Last month, Alexis P. Theriault wrote about the First Circuit’s decision in Schwann v. FedEx Ground Package System, Inc. In Schwann, the First Circuit held that the Federal Aviation Administration Authorization Act (“FAAAA”) preempts a portion of the Massachusetts independent contractor statute, thereby making it easier for delivery services – like FedEx – to

EEOC Issues Two New Publications Discussing Workplace Rights of Persons with HIV

2017-01-13T17:39:37+00:00 April 5th, 2016|Categories: Adam M. Santeusanio, Johanna Matloff, MCAD & EEOC|

According to a December 2015 press release, in Fiscal Year 2014 alone, the U.S. Equal Employment Opportunity Commission (“EEOC”) resolved approximately 200 charges of discrimination based on HIV status, resulting in over $825,000 for job applicants and employees with HIV who were unlawfully denied employment or reasonable accommodations. See December 1, 2015 EEOC Press Release.

Supreme Court Limits Effectiveness of Rule 68 Offers as a Tool to Combat Class Action Litigation

2018-02-28T20:56:44+00:00 February 4th, 2016|Categories: Adam M. Santeusanio, Alexis P. Theriault, FLSA, Laws & Regulations, Litigation|Tags: |

Since the advent of modern class action litigation in the 1960s, companies have struggled to stem the tide of these time-consuming and expensive lawsuits. Consider the following strategy. After learning that a plaintiff has filed a putative class action against it, the company offers to fully and completely compensate the named plaintiff for its injuries,

Who’s in Charge? Burgers, Donuts, & the Bona Fide Executive Exemption to the FLSA’s Overtime Pay Requirements

2017-01-13T17:12:22+00:00 February 3rd, 2016|Categories: Adam M. Santeusanio, FLSA, Johanna Matloff, Laws & Regulations, Wage & Hour|

The First Circuit recently held that a material factual dispute existed as to whether store managers employed by Dunkin’ Donuts qualified as “bona fide executives” under the Fair Labor Standards Act (“FLSA”), and as such, were exempt from the FLSA’s overtime requirements. Marzuq v. Cadete Enters., 807 F.3d 431 (1st Cir. 2015) (hereinafter Dunkin’

2016 Minimum Wages

2016-12-15T17:48:30+00:00 December 29th, 2015|Categories: Adam M. Santeusanio, Mary E. (Beth) O'Neal, Wage & Hour|

Many states and local jurisdictions will increase their minimum wage in 2016. No increase will be made to the federal minimum wage. Click the link below for a chart that lists the jurisdictions where increases are to be effective in 2016 and the corresponding dates. Minimum Wages Chart The listed wage rates do not

Third Circuit Adopts “Predominant Benefit Test” for Meal Break Compensation under Fair Labor Standards Act

2017-01-13T17:14:10+00:00 December 22nd, 2015|Categories: Adam M. Santeusanio, FLSA, Human Resources Compliance, Johanna Matloff, Wage & Hour|

David works in a secretarial position for a very busy office. At least once a week, while David is trying to enjoy his lunch, his boss bursts through the door and leaves David with a pile of work to finish during his lunch break. While this scenario may seem routine in a busy workplace, employers

Classifying Individuals as Independent Contractors or Employees

2017-01-13T17:15:45+00:00 November 4th, 2015|Categories: Adam M. Santeusanio, Human Resources Compliance, Independent Contractor, Johanna Matloff, Labor Law & NLRB, Laws & Regulations, Wage & Hour|

Introduction Most employers will, at some point, have occasion to consider whether an individual who performs services for the employer is an “independent contractor” or an “employee.” How an employer classifies an individual is crucial to the employer’s compliance with wage and hour laws, discrimination statutes, workers’ compensation requirements, mandatory affirmative action programs, and a