More Changes for Massachusetts Employers: Paid Family & Medical Leave and Minimum Wage Increases

2018-07-02T15:17:33+00:00 June 29th, 2018|Categories: Alexis P. Theriault, FLSA, FMLA, Human Resources Compliance, Laws & Regulations, Wage & Hour|

Massachusetts has done it again. Yesterday, Charlie Baker signed into law An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday. Deemed the “Grand Bargain,” the law keeps Massachusetts at the forefront of providing greater employee rights and protections for its residents. The law follows

An Epic Day: Employers May Require Class Action Waivers In Mandatory Employment Agreements

2018-05-22T16:46:10+00:00 May 22nd, 2018|Categories: Alexis P. Theriault, Discrimination & Harassment, FLSA, Human Resources Compliance, Labor Law & NLRB, Laws & Regulations, Litigation, MCAD & EEOC, Regulatory Compliance, Wage & Hour|Tags: |

Depending on your perspective, the Supreme Court’s decision yesterday in Epic Systems Corp. v. Lewis provided much-needed certainty to employers or dealt a serious blow to employees. The vote was 5 to 4, and the Court’s newest justice, Neil Gorsuch, authored majority decision joined by the so-called conservative justices. That

Trump’s Labor Department Rescinds Guidance Letters on Employee Misclassification and Joint Employment

2017-07-25T14:41:58+00:00 June 8th, 2017|Categories: Alexis P. Theriault, DOL, FLSA, Human Resources Compliance, Independent Contractor, Labor Law & NLRB, Laws & Regulations, NLRB, Regulatory Compliance|

In a Trump administration that typically acts with great fanfare, Secretary of Labor Alexander Acosta quietly announced the immediate withdrawal of two administrative guidance letters issued during the Obama administration. The U.S. Department of Labor (“DOL”) issued a three-sentence news release on Wednesday, reporting that Secretary Acosta had withdrawn the

Breaking News: Judge Prevents Overtime Rule Implementation Nationally

2017-01-13T17:26:14+00:00 November 23rd, 2016|Categories: Daniel Fishman, FLSA, Thomas J. Gallitano|

On November 22, a federal district court judge in Texas issued a temporary injunction that prevents the Department of Labor’s overtime rule from going into effect nationally. The overtime rule would have raised the minimum yearly salary to qualify under the Fair Labor Standards Act’s (FLSA) white collar exemptions from $23,660 to $47,476. For an

DOL Issues Final FLSA Regulations, Increasing Exemption Threshold

2017-01-13T17:38:35+00:00 May 18th, 2016|Categories: Anthony Bova, DOL, FLSA, Human Resources Compliance, Wage & Hour|

UPDATE – In our blog post on July 14, 2015, we described the Department of Labor’s proposed updates to the FLSA’s overtime regulations. As of today, May 18, 2016, President Obama and Secretary of Labor Thomas Perez announced the publication of the DOL’s final rule updating the overtime provisions, which will now extend automatically to

Update to Expected Increases in Minimum Salary Levels for Exempt Employees

2017-01-13T17:39:26+00:00 April 16th, 2016|Categories: DOL, FLSA, Human Resources Compliance, Mary E. (Beth) O'Neal, Wage & Hour|

We last wrote about the expected increases in to the minimum exemption salaries in our blog post from July 14, 2015. Since that time, the increases have not been enacted, but are getting closer. Recap The DOL has proposed new regulations increasing the salary basis applicable to exempt employees under the FLSA, as well as

DOL’s Expansive View of Joint Employment – It’s Not Limited to Control

2017-01-13T17:24:05+00:00 March 15th, 2016|Categories: Alexis P. Theriault, DOL, FLSA, Laws & Regulations|

Employers should be aware of U.S. Department of Labor Administrator’s Interpretation No. 2016-1, recent guidance discussing joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The Interpretation highlights that joint employment has become more common in recent years, and describes in detail the Wage and

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,

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